ITALY Law and Practice Contributed by: Alessandro Pistochini, Francesca Lazzeri, Andrea Gaudio and Guido Stampanoni Bassi, Pistochini Avvocati Studio Legale
In addition to increases in the penalty, recidivism produces further negative and indirect effects for the offender (eg, increasing the statute of limitations and the time necessary to obtain rehabilitation). Aggravation for Legal Entities On top of the monetary penalty for the offences under Decree No 231/2001, disqualifying measures regu - lated by Article 9, paragraph 2, of the same Decree can be applied to the legal entities convicted. These measures are temporary and include: • prohibition of exercising activities; • suspension or revocation of authorisations related to the commission of the offence; • prohibition of contracting with public administra - tion, except for obtaining public services; • exclusion from benefits and possible revocation of those already granted; and • prohibition of advertising goods or services. Under Article 13 of the same Decree, those measures are applied in relation to the offences for which they are expressly provided. Furthermore, according to Article 21 of Decree No 231/2001, when the entity is responsible for multiple offences committed through a single act or omission, or committed during the same activity, the monetary penalty applicable for the most serious offence is increased by up to three times. 7.5 Recent Landmark Investigations or Decisions Many recent Italian cases could be considered as landmarks in case law. The most relevant pending investigation in Italy is known as the “Milan urban planning investigation” and concerns the procedures for approving building plans related to the main real estate projects of the city. In greater detail, the Milan Public Prosecutor’s Office has launched an investigation into an alleged corrupt system involving public administrators, entrepreneurs, and professionals charging the crimes of corruption, forgery, undue inducement, building abuse, and unlawful land subdivision. In July 2025, six precau - tionary custody measures have been ordered against
various people under investigation; however, the Court of Milan overturned orders on certain measures, find - ing that the required serious indication of guilt was not sufficiently demonstrated or that precautionary criteria were compatible with less serious measures. Referring to landmark decisions, in Judgment No 95 of 7 May 2025, the Constitutional Court, declared as unfounded the exception of unconstitutionality raised in connection with the repeal of Article 323 of the Criminal Code (Abuse of Office) pursuant to Article 1, paragraph 1, letter b of Law No 114 of 2024. In so doing, the Court confirmed the legitimacy of the rule which repealed the criminal offence. Furthermore, in Judgement No 13092 of 19 February 2025, the Court of Cassation stated that, in matters of corruption, a perpetual disqualification from hold - ing public office imposed under Article 317-bis of the Criminal Code constitutes an unlawful penalty, as it falls outside the statutory framework when applied to acts committed prior to the entry into force of Law No 3 of 9 January 2019 – which expressly provided for the application of such ancillary penalty also in cases of conviction of the bribe-giver, pursuant to Article 321 of the Criminal Code. 7.6 Level of Sanctions Imposed Concerning the level of sanctions imposed so far for the foregoing offences, see 7.5 Recent Landmark Investigations or Decisions and 5.1 Penalties on Conviction . Legislative Decree No 231/2001 establishes the administrative liability of legal entities for offences listed in the Decree (including bribery and corruption) committed in the company’s interest or benefit by per - sons with representative, administrative or managerial functions, or by those acting under their supervision. Such provisions are enforced by the Criminal Court, upon the prosecutor’s initiative, which assesses both individual and corporate liabilities and issues acquit - 8. Compliance Expectations 8.1 Compliance Obligations
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