ITALY Law and Practice Contributed by: Alessandro Pistochini, Davide Giorgiadi, Giulia Barattini and Carlotta Scozia, Pistochini Avvocati Studio Legale
active and passive bribery (Articles 318, 319, 319-ter, 320 and 321 of the ICC), and incitement to bribery (Article 322 of the ICC) are triggered in all cases involving: • members of EU institutions; • contracted EU officials and agents, in accord - ance with the respective staff regulations; • any person seconded to the EU by the mem - ber states or by any public or private body that carries out functions corresponding to those performed by officials or agents of the EU; • members and servants of bodies created on the basis of the founding treaties of the EU; • individuals within EU member states who carry out functions or activities correspond - ing to those performed by public officials or persons providing a public service; • members of the International Criminal Court; • persons exercising public functions or activi - ties within the framework of international pub - lic organisations, members of international parliamentary assemblies or an international or supranational organisation, and judges and officials of international courts (introduced by a paragraph in Law No 3/2019); or • persons exercising functions or activities corresponding to those of public officials and persons in charge of a public service in states that are not part of the EU, but where the financial interests of the EU are affected (introduced by a paragraph in Legislative Decree No 75/2020). Private Bribery In accordance with the Council of Europe’s Criminal Law Convention on Corruption, the Italian legislator criminalises bribery between private parties.
More specifically, Article 2635 of the Italian Civil Code punishes directors, general managers, managers responsible for preparing a company’s financial reports, statutory auditors, liquidators or any other employees of private entities who solicit or receive undue money or other advan - tages (or accept the promise thereof) to perform or omit an act in breach of their duties. The same sanctions also apply to anyone who, even through an intermediary, offers, promises or gives money or other undue benefits to the persons mentioned in the foregoing. It is important to note that Anti-Corruption Law No 3/2019 provides the opportunity to punish ex officio bribery in the private sector by eliminat - ing the procedural requirement of a complaint by the victim. 2.2 Influence-Peddling In addition to corruption offences, the Criminal Code also punishes active and passive trading in influence. In particular, Article 346-bis of the ICC, as recently reformed by Law No 114/24, punishes any private person or official who, by intention - ally exploiting a real influence on a public official or a person in charge of a public service, unduly receives money or some other financial advan - tage to remunerate a public official or a person entrusted with a public service, or any of the other subjects mentioned in Article 322-bis, in connection with the exercise of their functions or to carry out another illicit mediation. The Article also defines the concept of “illicit mediation”, explaining that this term refers to mediation aimed at inducing a public official (or a person entrusted with a public service or any of the oth - er subjects mentioned in Article 322-bis) to per - form an act contrary to their official duties that
247 CHAMBERS.COM
Powered by FlippingBook