Chambers Anti-Corruption Guide 2023

Chambers Anti-Corruption Guide 2023

  • Fabio Cagnola

Lawyers Fabio Cagnola, Filippo Ferri and Silvia Martina are the authors of a paper for 2023 Chambers Anti-corruption Guide entitled "ITALY - Trends & Developments”.
Below is a short excerpt.

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ITALY - Trends and Developments
Contributed by:
Fabio Cagnola, Filippo Ferri and Silvia Martina

 

General Outlook
Corruption is usually considered as an old diehard disease of Italian society, which dates back to the beginning of the past century at least. This is why the Italian Code of CriminalLaw (introduced in 1930 and still in force) has always provided a wide and substantial regulation of crimes against the public administration, and why such regulation has been subjected to a number of legislative reforms across the years.In recent times, the regulation of crimes against the public administration has been consistently strengthened.

Today, crimes such as bribery, bid-rigging and others are among the criminal offenses punished with the highest penalties in the field of white collar crimes in Italy. Moreover, the regulation of corruption has been amended through the extension of criminal law provisions originally introduced to fight organized crime (as in mafia type organizations).The approach of the prosecutors’ offices has also changed over the years.

The evolution of the prosecutors’ approach can be categorized in terms of a constant, progressive aggression towards corruption in all fields of society. In the course of the 20th century, the fight against corruption was basically limited to the ambit of pub lic administration (for instance, bribery of public officials, as employees of public bodies).

 

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