Provisions on crimes against public administration, mafia-type associations, and false accounting. (15G00083)

Effective as of: 5-1-2016

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Chapter I

Provisions on crimes against public
administration, mafia-type associations, as well as further
amendments to the Code of Criminal Procedure, its implementing rules
and the Law of November 6, 2012, no. 190.

The Chamber of Deputies and the Senate of the Republic have

approved;

THE PRESIDENT OF THE REPUBLIC

 

Promulgate

The following law:

Art. 1

Amendments to the penalty regulations on crimes against

the public administration

1. The following amendments are made to the Criminal Code:
2. (a) in Article 32b, second paragraph, the word: “three” is

Replaced by the following, “five.”

1. (b) in Article 32-quinquies, the word: “three” shall be replaced

By the following, “two.”

1. (c) in Article 35, second paragraph, the words, “fifteen days”

shall be replaced by the following: ‘three months’ and the words: ‘two years’

shall be replaced by the following, “three years.”

1. (d) in Article 314, first paragraph, the words, “four to ten

years” shall be replaced by “four years to ten years and

six months.”

1. (e) in Article 318, the words “from one to five years” shall be

Replaced by the following, “one to six years.”

1. (f) in Article 319, the words “four to eight years” shall be

Replaced by the following, “six to ten years.”

1. (g) in Article 319-ter:

(1) in the first paragraph, the words “four to ten years” shall be

Replaced by the following, “six to twelve years.”

(2) in the second paragraph, the words “five to twelve years” shall be

replaced by the following: “six to fourteen years” and the words:

“six to twenty years” shall be replaced by the following, “eight to

20 years.”

1. (h) in Article 319-c, first paragraph, the words, “from three to

Eight years” shall be replaced by “six years to ten years

and six months.”

1. (i) in Article 323-bis:

(1) the following subparagraph is added at the end:

“For the crimes stipulated in Articles 318, 319, 319-ter,

319-quater, 320, 321, 322 and 322-bis, for those who have effectively

endeavored to prevent the criminal activity from being brought to

further consequences, to secure evidence of crimes and to

The identification of the other perpetrators or for the seizure

of the sums or other utilities transferred, the punishment shall be decreased by one

third to two-thirds.”

(2) the heading is replaced by the following, “Circumstances

mitigating factors.”

Art. 2

Amendment to Article 165 of the Criminal Code, concerning the

suspended sentence

1. After the third paragraph of Article 165 of the Criminal Code is.

inserted the following:

“In cases of conviction for the crimes stipulated in Articles 314, 317,

318, 319, 319-ter, 319-quater, 320 and 322-bis, the suspension

conditional sentence is still subject to the payment of a

sum equivalent to the profit of the crime or the amount of

How much was unduly received by the public official or

By the person in charge of a public service, by way of reparation

pecuniary in favor of the administration injured by the conduct of the

Public official or the person in charge of a public service, or,

In the case referred to in Article 319-ter, in favor of the administration

of justice, without prejudice to the right to any further

compensation for damages.”

Art. 3

Amendment to Article 317 of the Criminal Code, concerning the

concussion

1. Article 317 of the Criminal Code is replaced by the following:

“Article 317 (Bribery). – The public official or the person in charge of

a public servant who, by abusing his or her quality or

powers, compels any person to give or promise unduly, to him or

to a third party, money or other benefit, shall be punished by imprisonment from

six to 12 years.”

Art. 4

Introduction of Article 322-quater of the Criminal Code, concerning

of pecuniary reparation

1. After Article 322-ter of the Criminal Code, the following is inserted.

following:

“Article 322-quater (Monetary Reparation). – With the judgment of

Conviction for the crimes stipulated in Articles 314, 317, 318, 319,

319-ter, 319-quater, 320 and 322-bis, is always ordered to pay

Of a sum equal to the amount of what was unduly received by the

public official or the person in charge of a public service by way of

Of pecuniary reparation in favor of the administration to which the

public official or the person in charge of a public service belongs,

or, in the case referred to in Article 319-ter, in favor of

of the administration of justice, without prejudice to the

Right to damages.”

Art. 5

Mafia-type associations, including foreign ones

1. In Article 416-bis of the Criminal Code, the following shall be made.

following amendments:

1. (a) in the first paragraph, the words “seven to twelve years” shall be

Replaced by the following, “ten to fifteen years.”

1. (b) in the second paragraph, the words “nine to fourteen years” shall be

Replaced by the following, “twelve to eighteen years.”

1. (c) in the fourth paragraph, the words “nine to fifteen years” shall be

Replaced by the following, “twelve to twenty years,” and the words, “from

twelve to twenty-four years” shall be replaced by the following, “from

15 to 26 years.”

Art. 6

Integration of Article 444 of the Code of Criminal Procedure, in

Matter of the application of punishment at the request of the parties

1. In Article 444 of the Code of Criminal Procedure, after para.

1-bis is inserted as follows:

“1-ter. In proceedings for the crimes stipulated in Articles 314,

317, 318, 319, 319-ter, 319-quater and 322-bis of the Criminal Code,

The admissibility of the request referred to in paragraph 1 is subject to.

To the full restitution of the price or profit of the crime.”

Art. 7

Information on the prosecution of the facts of

corruption

1. In Article 129, paragraph 3, of the implementing rules, of

coordination and transitional provisions of the Code of Criminal Procedure, referred to in the

Legislative Decree No. 271 of July 28, 1989, the following is added in fine.

following sentence: “When prosecuting for the crimes of

referred to in Articles 317, 318, 319, 319-bis, 319-ter, 319-quater, 320,

321, 322, 322-bis, 346-bis, 353 and 353-bis of the Criminal Code, the

prosecutor informs the chairman of the National Authority

anti-corruption, giving notice of the indictment.”

Art. 8

Amendments to the Law of November 6, 2012, no. 190

1. In Article 1, paragraph 2, of Law No. 6 November 2012, no. 190,

After paragraph (f) the following is inserted:

“(fa) exercise supervision and control over the contracts referred to in

To articles 17 et seq. of the public contracts code

relating to works, services and supplies, referred to in Legislative Decree

April 12, 2006, No. 163.”

2. In Article 1, paragraph 32, of Law No. 6 November 2012, no. 190,

after the first period, the following is inserted: “The stations

Contractors are also required to transmit the aforementioned

information every six months to the committee referred to in paragraph 2.”

3. In Article 1 of Law No. 190 of November 6, 2012, after the

Paragraph 32 is inserted as follows:

“32-bis. In disputes concerning the matters referred to in the

Paragraph 1(e) of Article 133 of the code set out in the annex

1 to Legislative Decree No. 104 of July 2, 2010, the court

Administrative shall transmit to the commission any information or news

relevant emerged in the course of the trial that, even as a result of a

Summary assessment, points out conduct or acts that are in conflict

With the rules of transparency.”

Chapter II
Criminal provisions on companies and consortia

Art. 9

Amendment to Article 2621 of the Civil Code

1. Article 2621 of the Civil Code is replaced by the following:

“Article 2621 (False corporate communications). – Outside the cases provided for

by Article 2622, the directors, general managers, executives

responsible for the preparation of corporate accounting documents, the auditors

and liquidators, who, in order to achieve for themselves or others

an unjust profit, in financial statements, reports or other

corporate communications directed to shareholders or the public, required by the

law, knowingly expose relevant material facts not

responsive to the truth or omit material relevant facts whose

communication is imposed by the Economic Situation Act,

assets or financial position of the company or group to which the

same belongs, in a manner concretely suitable to induce others into

error, shall be punished by imprisonment from one to five

years.

The same penalty also applies if the falsehoods or omissions

concern assets owned or administered by the company on behalf of

third parties.”

Art. 10

Introduction of articles 2621-bis and 2621-ter of the Civil Code

1. The following shall be inserted after Article 2621 of the Civil Code:

“Article 2621-bis (Minor acts). – Unless.

constitute more serious crimes, a punishment of six months to three

Years of imprisonment if the acts referred to in Article 2621 are minor

entity, taking into account the nature and size of the company

And the manner or effects of the conduct.

Unless they constitute more serious offenses, the same

punishment referred to in the preceding paragraph when the facts referred to in Article

2621 concern companies that do not exceed the limits specified by the

Second paragraph of Article 1 of Royal Decree March 16, 1942, no.

7. In such a case, the crime is prosecutable on complaint of the

company, shareholders, creditors or other recipients of the

social communication.

Article 2621-ter (Non-punishability for particular tenuousness). – To the

purposes of non-punishment for particular softness of the act, referred to in

Article 131-bis of the Criminal Code, the judge shall evaluate, in a manner

prevailing, the extent of any damage caused to the company,

to shareholders or creditors resulting from the acts referred to in Articles 2621

and 2621-bis.”

Art. 11

Amendment to Article 2622 of the Civil Code

1. Article 2622 of the Civil Code is replaced by the following:

“Article 2622 (False corporate communications of listed companies). –

The directors, general managers, managers in charge of the

preparation of corporate accounting documents, auditors and the

liquidators of companies issuing financial instruments admitted to the

Trading on an Italian or other country’s regulated market

European Union, who, in order to achieve for themselves or for

others an unfair profit, in financial statements, reports or

Other corporate communications directed to shareholders or the public

Knowingly expose material facts that are not true

or omit material relevant facts whose disclosure is

imposed by law on the economic situation, assets or

financial of the company or the group to which it

belongs, in a manner concretely likely to mislead others,

shall be punished by imprisonment of three to eight years.

The companies mentioned in the previous paragraph are equated with:

(1) companies issuing financial instruments for which it has been

submitted an application for admission to trading in a

regulated market in Italy or another European Union country;

2) companies issuing financial instruments admitted to the

trading on an Italian multilateral trading facility;

(3) companies that control companies issuing instruments

Financial assets admitted to trading on a regulated market

Italian or other European Union country;

(4) companies that appeal to public savings or that

however they manage it.

The provisions of the preceding paragraphs shall also apply if the

Falsehoods or omissions concern property owned or administered

By the company on behalf of third parties.”

Art. 12

Amendments to the provisions on administrative responsibility

Of entities in relation to corporate crimes

1. In Article 25-ter, paragraph 1, of the Legislative Decree of June 8.

2001, No. 231, the following amendments are made:

1. (a) the introductory sentence shall be replaced by the following: “In relation to crimes in

corporate matters provided for in the Civil Code, apply to the entity

The following financial penalties:”

1. (b) paragraph (a) is replaced by the following:

“(a) for the crime of false corporate communications provided for

by Article 2621 of the Civil Code, the fine from

Two hundred to four hundred shares.”

1. (c) the following shall be inserted after (a):

“(a-bis) for the crime of false corporate communications provided for

by Article 2621-bis of the Civil Code, the fine from

One hundred to two hundred shares.”

1. (d) paragraph (b) is replaced by the following:

“(b) for the crime of false corporate communications provided for

by Article 2622 of the Civil Code, the fine from

four hundred to six hundred shares.”

1. (e) paragraph (c) is repealed.

This law, bearing the seal of the state, shall be inserted

In the Official Compendium of Legislative Acts of the Republic

Italian. It is incumbent upon everyone to observe it and to make it

Observe as the law of the state.

Date in Rome, addi’ May 27, 2015

MATTARELLA

Renzi, President of the Council of

ministers

See, the Keeper of the Seals: Orlando