ITALY Law and Practice Contributed by: Alessandro Pistochini, Davide Giorgiadi, Giulia Barattini and Carlotta Scozia, Pistochini Avvocati Studio Legale
constitutes a crime, and from which an undue advantage may arise. Due to the above-described reform, the actions falling within this provision have decreased. It is important to further highlight the amend - ments that have been made to Article 346-bis of the ICC. • For criminal liability, the relationship between the mediator and the public official must be genuine, rather than merely claimed; it is important to reiterate that, as established by Supreme Court ruling No 19357/24, acts committed by the mediator in relation to claimed relationships may have criminal relevance if the conditions of fraud are met. For more details, see 7.5 Recent Landmark Investigations or Decisions . • The relationship must be used intentionally for the purpose of carrying out actions that constitute a crime. • The benefit given or promised to the mediator must be economic in nature. • “Free mediation” is limited to the remunera - tion of the public official in relation to the exercise of their functions, and no longer extends to the exercise of their powers. • “Onerous mediation” is considered as such only if it is aimed at inducing the public official to perform an act contrary to their official duties that constitutes a crime, and from which an undue advantage may arise (as clarified in paragraph 2 of Article 346-bis). 2.3 Financial Record-Keeping As required by international conventions, the Italian legislator criminalises certain conduct deemed “preparatory” to bribery offences. For this reason, Article 2621 of the Civil Code pun - ishes directors, general managers, managers
responsible for preparing the company’s finan - cial reports, and statutory auditors and liqui - dators who, in order to obtain an undue profit for themselves or others, falsify financial state - ments, reports or other corporate communica - tions addressed to shareholders or the public, thereby presenting a misleading picture of the financial situation of the company (or group). More severe penalties are envisaged for account - ing fraud by listed companies (Article 2622 of the Civil Code). 2.4 Public Officials Within the Criminal Code, the misappropriation of public funds by a public official is considered under the offence of embezzlement, as set forth by Article 314 of the ICC. In greater detail, the Code punishes any public official who takes for their own (embezzles) money or other things in their possession by reason of their functions. No unlawful request or order should come from the public official. The taking of interest or show - ing of favouritism by such official might be clas - sified as “endangerment of fairness of tenders” (the crime of abuse in office is no longer punish - able under the Criminal Code). Abuse in Office The reform of the legislation for crimes against public administration through Law No 114/24 has repealed the crime of abuse in office estab - lished by Article 323 of the Criminal Code. According to Article 323 of the ICC, a public official is punished whenever they intentionally break the law or, in a conflict of interest situa - tion (even in the case of a third-party’s interest), obtain an undue profit for themself or others or act to the detriment of others. However, follow -
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