ITALY Law and Practice Contributed by: Alessandro Pistochini, Davide Giorgiadi, Giulia Barattini and Carlotta Scozia, Pistochini Avvocati Studio Legale
(a) individuals – imprisonment for six to 12 years; the penalty is increased if the act results in the unjust conviction of another; 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). • Undue inducement to give or promise ben - efits – Article 319-quater of the ICC: (a) individuals – imprisonment for six years to ten years and six months for the public officer, and for up to three years (or up to four years when the act affects EU finan - cial interests and the damage or profit is greater than EUR100,000) for the corrup - tor; and (b) legal entities – a fine of 300 to 800 units and disqualification from the “suspension or revocation of authorisations, licences or concessions functional to the commis - sion of the crime”. • Influence-peddling – Article 346-bis of the ICC: (a) individuals – imprisonment for one year and six months to four years and six months; the penalty is increased if the person who unlawfully obtains or promis - es – for themselves or others – money or other economic benefits holds the posi - tion of a public official or a public service officer, or one of the positions referred to in Article 322-bis, and the penalty is also increased if the acts are committed in relation to the exercise of judicial activi - ties or to reward a public official, public service officer or one of the other subjects referred to in Article 322-bis in relation to the performance of an act contrary
to their official duties or the omission or delay of an act of their office; and (b) legal entities – a fine of up to 200 units. • Disturbing the fairness of tenders (Article 353 of the ICC) and disrupting the fairness of the procedure for choosing a bidder (Article 353- bis of the ICC): (a) individuals – imprisonment for six months to five years and a fine of EUR102 to EUR1,032; and (b) legal entities – a fine of up to 500 units. • Keeping inaccurate corporate books and records – Article 2621 of the Civil Code: (a) individuals – imprisonment for one to five years; and (b) legal entities – a fine of 200 to 400 units. • Keeping inaccurate corporate books and records in listed companies – Article 2622 of the Civil Code: (a) individuals – imprisonment for three to eight years; and (b) legal entities – a fine of 400 to 600 units. • Private corruption – Article 2635 of the Civil Code: (a) individuals – imprisonment for one to three years; and (b) legal entities – a fine of 400 to 600 units and disqualifying sanctions (Article 9, paragraph 2 of Decree 231). 5.2 Guidelines Applicable to the Assessment of Penalties The only guidelines or principles applicable to the assessment of the penalties are provided by the “general part” of the Criminal Code, in Articles 132 and 133. The first legal provision states that the application of penalties shall be at the judge’s discretion, within the limits (mini - mum and maximum) established by the law for each crime; the second one specifies the prin - ciples to be applied by the judge in the exercise of their discretionary power (eg, the judge has to
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