Studio legale Baccaredda Boy

Offences against public administration

As regards legal paradigms designed to ensure the sound management and impartiality of public administration, lawmakers have not only broadened the spectrum of criminal law protection to include relations with other EU member states and with EU institutions by means of Section 316-bis of the Penal Code (aimed at combating frauds in connection with the disbursement of public funds), but they have also introduced rules to prevent the so-called international corruption by means of Section 322-bis of the Penal Code.

The corruption of functionaries of a foreign state thus assumes criminal relevance with regard to international economic transactions.

The firm constantly strives to keep abreast of guidelines emerging in the jurisprudence revolving around these ‘new’ offences, whose study also requires further investigation into foreign law provisions.

Some of the most recent laws introduced in this field include provisions concerning offences against public administration, mafia-type criminal associations, accounting fraud, which came into effect in June 2015 as a result of on-going reflections and changes concerning anti-corruption measures. In this respect, it should be noted that, while the law brings about changes in terms of disciplinary regulations for crimes against public administrations, it also modifies some provisions of the Code of Criminal Procedure, in particular Section 444, according to which plea bargaining (for instance in cases of bribery or corruption) can be granted conditionally upon the reimbursement of all or part of the proceeds or profits arising out of the offence.

Since the end of the so-called Tangentopoli era (the Bribesville scandal), the firm has been involved in trials over corruption cases in Italy, also in relation to cross-border transactions, as well as in the pharmaceutical sector.

The firm offers an in-depth analysis of offences against public administration through conferences, study groups and publications. Please see the relevant section of this website for further details.