ITALY Law and Practice Contributed by: Alessandro Pistochini, Davide Giorgiadi, Giulia Barattini and Carlotta Scozia, Pistochini Avvocati Studio Legale
Pistochini Avvocati Studio Legale Corso di Porta Vittoria 10 20122 Milan Italy Tel: +39 02 3037081 Fax: +39 02 30370899
Email: studio@pistochinilex.it Web: www.pistochiniavvocati.it
1. Legal Framework 1.1 International Conventions
1.2 National Legislation In the Italian legal system, the legislation con - cerning corruption offences is provided for in a section dedicated to offences against public administration in the Criminal Code and in the Code of Criminal Procedure. However, some fundamental provisions specifi - cally applicable to bribery offences can also be found in Legislative Decree No 231/2001 (which refers to the administrative liability of legal enti - ties – see 3.3 Corporate Liability ) and in the Civil Code (which covers bribery in the private sector – see 2.1 Bribery ). 1.3 Guidelines for the Interpretation and Enforcement of National Legislation The interpretation and enforcement of anti- corruption provisions is requested of the Italian courts, whose activity in this respect is facilitated by the legal doctrine. Although Italy does not adopt a stare decisis principle, some important case law rulings play a significant role in the interpretation of anti-corruption rules. On the administrative side, the National Anti- Corruption Authority has published numer - ous recommendations and guidelines. Despite many of them not being binding, they assist in
Italy is a signatory to several international con - ventions on bribery and corruption, including: • the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (signed in Paris on 17 December 1997 and ratified on 15 December 2000); • the Convention on the Fight Against Cor - ruption Involving Officials of the European Communities or Officials of Member States of the European Union (drafted on the basis of Article K.3 (2) (c) of the Treaty on European Union,signed in Brussels on 26 May 1997 and ratified on 6 March 2003); • the United Nations Convention against Cor - ruption (signed in New York on 31 October 2003 and ratified on 5 October 2010); • the Council of Europe’s Criminal Law Con - vention on Corruption (signed in Strasbourg on 27 January 1999 and ratified on 13 June 2013); and • the Council of Europe’s Civil Law Conven - tion on Corruption (signed in Strasbourg on 4 November 1999 and ratified on 13 June 2013).
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