ITALY Law and Practice Contributed by: Alessandro Pistochini, Davide Giorgiadi, Giulia Barattini and Carlotta Scozia, Pistochini Avvocati Studio Legale
well – should the court deem it mandatory to apply these accessory penalties, it shall reject the plea bargain request. Finally, it is important to highlight that, pursuant to Article 63 of Legislative Decree No 231/2001, administrative liability may also be settled through a plea bargain agreement. Indeed, a company is entitled to settle its potential admin - istrative liability with an agreement on pecuniary sanctions and on the duration of disqualifying measures. Two Special Mitigating Circumstances Set Forth by Article 323-bis of the ICC The special mitigating circumstance under the first paragraph is met when the offences under Articles 314, 316, 316-bis, 316-ter, 317, 318, 319, 319-quater, 320, 322 and 322-bis of the ICC are particularly mild. In such an event, the sanction is reduced by up to one-third. Such a mitigating circumstance occurs when the whole offence is “barely offensive” with refer - ence to the conduct carried out, the amount of economic damage or profit attained, the subjec - tive attitude of the perpetrator and the event. The second mitigating circumstance occurs if the perpetrator made effective efforts to: • prevent any further consequences of the criminal activity; • provide evidence of criminal offences and
conditions and adopts an organisational model suitable to prevent crimes of the same type. This circumstance (which is applicable only with reference to the offences under Articles 318, 319, 319-ter, 319-quater, 320, 322 and 322-bis of the ICC) is a kind of active repentance post delictum that provides a reduction of from one- third to two-thirds of the penalties. The collabo - ration is required to be full and effective. Non-punishable Clause Set Forth by Article 323-ter of the ICC Law No 3/2019 introduced a special non-punish - able clause in the event of self-incrimination and effective co-operation with the judicial authority. This clause requires that: • one of the offences pursuant to Articles 318, 319, 319-ter, 319-quater, 320, 321, 322-bis, 353, 353-bis and 356 of the ICC is perpe - trated; • the author voluntarily reports the crime to the authority, provides evidence of the crime and helps to identify the other perpetrators; and • the perpetrator discloses the crime before being informed that they are under investiga - tion and within four months of the offence being perpetrated. Furthermore, the perpetrator is required to make available the benefit received or, where this is not possible, a sum of money of equivalent value, or to provide information useful to identify the beneficial owner of the advantage. This initiative must also be carried out within four months of perpetration of the crime. The non-punishable clause is not applicable if the self-incrimination is aimed at perpetrating
identify other perpetrators; or • allow the seizure of the profits.
In accordance with Article 25, paragraph 5-bis of Legislative Decree No 231/2001, the same miti - gating measure is applicable to the benefit of a legal entity that meets all the above-mentioned
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