ITALY Law and Practice Contributed by: Alessandro Pistochini, Davide Giorgiadi, Giulia Barattini and Carlotta Scozia, Pistochini Avvocati Studio Legale
It is, however, important to bear in mind that most of the offences described require, as an “objective element” of the crime, the unlawful advantage to be granted or promised to a public official or a public service provider. 4.5 Safe Harbour or Amnesty Programme With reference to corruption crimes, a new exonerating circumstance is provided by Article 323-ter of the Criminal Code in the event of self- incrimination and effective co-operation with the judicial authority (see 7.4 Discretion for Mitiga- tion and Aggravation ). Regarding the specific exonerating conse - quence for legal entities arising from the adop - tion of an adequate compliance system, see 8.1 Compliance Obligations . Penalties upon conviction for the above offences are different for individuals and legal entities. With specific regard to the penalties provided for legal entities, those arising from crimes can be “financial” or “disqualifying”; according to Article 10 of Decree No 231/2001, financial penalties are always applied for administrative offences aris - ing from a crime, and they are applied in terms of not less than 100 units (the so-called quotas) and not more than 1,000 units. The amount of each unit is not below EUR258 and not above EUR1,549, according to Article 11 of Decree No 231/2001. When committed by individuals or legal entities, the penalties for the various offences are as fol - lows. 5. Penalties for Violations 5.1 Penalties on Conviction
• Misappropriation – Article 314 of the ICC: (a) individuals – imprisonment for four years to ten years and six months (or for six months to three years in the event of tem- porary misappropriation); and (b) legal entities: fine of up to 200 units (when the act affects EU financial inter - ests). • Improper allocation of money or other proper - ties – Article 314-bis of the ICC: (a) individuals – imprisonment from six months to three years (or for six months to four years when the act affects EU financial interests and the unjust financial advantage of unjust damage exceeds EUR100,000; and (b) legal entities – fine of up to 200 units (when the act affects EU financial inter - ests). • Blackmail by a public official – Article 317 of the ICC: (a) individuals – imprisonment for six to 12 years; and (b) legal entities – a fine of 300 to 800 units and disqualifying penalties (Article 9, paragraph 2 of Decree 231). • Bribery - Article 318 of the ICC: (a) individuals: imprisonment for three to eight years; and (b) legal entities – a financial penalty of up to 200 units. • Bribery – Article 319 of the ICC: (a) individuals – imprisonment for six to ten years; and (b) legal entities – a fine of 200 to 600 units (or of 300 to 800 units in the event of significant profit by the company as a consequence of the crime) and disqualify - ing sanctions (Article 9, paragraph 2 of Decree 231). • Bribery in relation to judicial acts – Article 319-ter of the ICC:
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