ITALY Law and Practice Contributed by: Alessandro Pistochini, Luca Moglia, Giovanni Bellissimo and Giulia Barattini, Pistochini Avvocati Studio Legale
Foreign Public Officials Under Article 322-bis, the provisions on bribery, inducement, instigation and liability of the payer extend to European Union officials, members of inter - national organisations or courts, and foreign state officials exercising functions comparable to those of Italian public officials. Italy, therefore, expressly crimi - nalises the bribery of foreign public officials, in line with international anti-corruption conventions. Private-to-Private Bribery Article 2635 of the Civil Code targets directors, man - agers, auditors, liquidators, and certain employees who request or receive advantages to act in breach of their duties, and equally punishes those who offer or promise such advantages. The sanction is impris - onment for one to three years, with an increase when listed companies are involved. For subordinate staff, the maximum sentence is one year and six months. Confiscation of the illicit benefit is mandatory. Furthermore, Article 2635-bis addresses instigation to private bribery. Even where the offer or solicitation is not accepted, the offence remains, subject to a pen - alty reduced by one-third. Ancillary Sanctions and Corporate Liability Article 322-ter of the ICC requires confiscation of the price or profit of the offence, or equivalent value, where direct confiscation is not possible. There are also disqualifying measures, including incapacity to contract with the public administration. In addition to individual liability, entities themselves may be held responsible under Legislative Decree 231/2001 if the offence was committed in their interest or to their advantage. Companies may face substan - tial monetary fines, as well as interdictive measures such as bans on contracting with public authorities, suspension of activities or exclusion from public sub - sidies. The catalogue of predicate offences includes both public-sector corruption and private-to-private bribery. 3.3 Anti-Bribery Regulation Bribery and influence-peddling prevention rules differ for public and private entities.
mitted in the context of business activity, such as fraud or money laundering. 3.2 Bribery, Influence Peddling and Related Offences Public Sector Bribery Under Article 318 of the ICC, a public official who accepts or agrees to accept an undue advantage in connection with their functions commits a criminal offence, regardless of whether the act itself is unlaw - ful; acceptance alone suffices. The penalty is impris - onment for three to eight years. Article 319 increases the sanction to six to ten years when the bribe is tied to the omission or delay of an official act, or to the performance of an act contrary to duty. If judicial activity is involved, Article 319-ter provides for a term of six to twelve years, which can rise to 20 years in cases where corruption results in an unjust conviction. Article 319-quarter introduces the separate offence of “inducement” ( induzione indebita a dare o promettere utilità ), where a public official exploits their position to press a private party into offering a benefit. The official faces six to ten years and six months’ imprisonment, while the private party may be punished with up to three years, or up to four years if EU financial interests are affected. Liability of the Bribe-Giver and Attempted Bribery Italian law makes clear that the giver is as blamewor - thy as the taker. Article 321 provides that the payer or promisor is liable to the same penalty as the official. Even unconsummated bribery is criminalised. Under Article 322, the mere offer of an advantage which is not accepted, or the solicitation of a bribe which is not taken up, attracts a penalty reduced by one-third. Trading in Influence Article 346-bis criminalises the conduct of anyone who exploits existing relationships with a public offi - cial to obtain benefits, either to remunerate that official or to carry out illicit mediation. The offence carries a sentence of between one year and six months and four years and six months’ imprisonment, with aggra - vation where judicial activity is affected or where the intermediary is themselves an official.
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