Polis Avvocati - LAW Nov. 6, 2012, no. 190

11 Jul, 16

LAW Nov. 6, 2012, no. 190

Provisions for the prevention and suppression of corruption and illegality in public administration. (12G0213)

Effective as of: 19-1-2016

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The Chamber of Deputies and the Senate of the Republic have

approved;

THE PRESIDENT OF THE REPUBLIC

Promulgate

The following law:

Art. 1

Provisions for the prevention and suppression of corruption and

Of illegality in public administration

In implementation of Article 6 of the Convention

United Nations Anti-Corruption Organization,

adopted by the UN General Assembly on October 31, 2003, and

ratified pursuant to Act No. 116 of August 3, 2009, and the

Articles 20 and 21 of the Criminal Law Convention on Corruption, done at

Strasbourg on January 27, 1999 and ratified pursuant to Act 28

June 2012, No.110, this law identifies, nationwide,

The National Anti-Corruption Authority and other bodies in charge of

carry out, in such a way as to ensure coordinated action,

Activities to control, prevent and combat the

Corruption and illegality in public administration.

The Commission on Evaluation, Transparency and Integrity.

Of the general government, referred to in Article 13 of the decree

Legislative Decree No. 150 of October 27, 2009, as amended, of

hereinafter referred to as the “Commission,” operates as the National Authority

Anti-corruption, pursuant to paragraph 1 of this article. In

particular, the Commission:

(a) cooperate with foreign peer organizations, the

relevant regional and international organizations;

(b) approve the National Anti-Corruption Plan prepared by the

Department of Civil Service, referred to in paragraph 4(c);

interventions that can promote its prevention and counteraction;

(d) issue mandatory opinions on directive and

address, as well as on the circulars of the Minister of Public

administration and simplification in the area of compliance of

acts and conduct of public officials to the law, codes of

behavior and contracts, collective and individual, governing the

public employment relationship;

(e) expresses optional opinions in matters of authorization, of

referred to in Article 53 of Legislative Decree No. 165 of March 30, 2001, and

subsequent amendments, to the performance of external assignments by

Part of the administrative managers of the state and public agencies

National, with particular reference to the application of the subsection

16b, introduced by paragraph 42(l) of this article;

(f) exercise supervision and control over the effective

Implementation and effectiveness of measures taken by public

administrations under paragraphs 4 and 5 of this article and on the

Compliance with the rules on transparency of administrative activities

provided for in paragraphs 15 to 36 of this article and other

current provisions;

((f-bis) exercise supervision and control over the contracts of

referred to in Article 17 et seq. of the Public Contracts Code

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

April 12, 2006, No. 163));

(g) report to Parliament, submitting a report by 31

December of each year, on the law enforcement activity of the

corruption and illegality in public administration and

On the effectiveness of existing provisions in this area.

For the exercise of the functions referred to in paragraph 2 (f), the

Commission exercises powers of inspection through news requests,

information, acts and documents to public administrations, and

Orders the adoption of acts or measures required by the plans referred to in

in paragraphs 4 and 5 of this article and by the rules on transparency

Of administrative activity provided for in paragraphs 15 to 36 of the

this article and other applicable provisions, or the

Removal of conduct or acts contrary to the plans and

Transparency rules cited. The Commission and the administrations

concerned shall give notice on their respective institutional websites of the

Measures taken under this paragraph and shall give timely

notification of publication on the said sites to the

Presidency of the Council of Ministers – Department of Function.

public.

The Department of Civil Service, including along lines of

guidelines adopted by the interministerial committee established and

regulated by decree of the Prime Minister:

(a) coordinates the implementation of prevention strategies and

combating corruption and illegality in public

administration processed nationally and internationally;

(b) promote and establish common standards and methodologies for the

Prevention of corruption, consistent with the guidelines, programs

And international projects;

Ensure the coordinated implementation of the measures referred to in par.

a);

(d) define standard models of the information and data

needed to achieve the objectives set forth in the

this law, in a manner that allows their management and

computerized analysis;

(e) establish criteria to ensure the rotation of managers

in areas particularly prone to corruption and measures to

Avoiding overlapping functions and accumulation of named positions

in charge of public managers, including external ones. (4)

Central governments define and transmit

To the Department of Civil Service:

(a) a corruption prevention plan that provides a

Assessment of the different level of exposure of offices to the

risk of corruption and indicates organizational interventions aimed at

Preventing the same risk;

(b) appropriate procedures for selecting and training, in

Collaboration with the College of Public

administration, employees called to work in areas

particularly exposed to corruption, providing, in the same

sectors, rotation of managers and officials. (4)

For the purpose of preparing the prevention plan of the

corruption, the prefect, upon request, shall provide the necessary

technical and informational support to local governments, including for the purpose of

Ensure that plans are formulated and adopted in compliance with the

guidelines contained in the National Plan approved by the

Commission.

To this end, the policy-making body shall identify, as a rule

Among the first-ranking administrative managers in service,

The head of corruption prevention. In the entities

Local, the head of corruption prevention is

identified, as a rule, in the secretary, unless otherwise justified

determination.

The policy-making body, upon the proposal of the person in charge

identified in accordance with Paragraph 7, by January 31 of each year,

Adopts the three-year corruption prevention plan, taking care of its

The transmission to the Department of Civil Service. The activity

of development of the plan can not be entrusted to subjects

outsiders to the administration. The person in charge, within the same

term, defines appropriate procedures for selecting and training,

Pursuant to subsection 10, employees assigned to work in sectors

particularly susceptible to corruption. The activities at risk of

corruption should be carried out, where possible, by the personnel whose

Paragraph 11. Failure to prepare the plan and failure to

Adoption of procedures for the selection and training of the

employees constitute elements of the

executive responsibility. (1) (4)

The plan referred to in Paragraph 5 meets the following requirements:
(a) identify activities, including those referred to in para.

16, within which the risk of corruption is higher,

also by gathering proposals from managers, developed

In exercising the powers provided for in Article 16, Paragraph 1,

letter a-bis), of Legislative Decree No.165 of March 30, 2001;

(b) provide, for the activities identified under the letter

(a), mechanisms for the formation, implementation and control of decisions

suitable for preventing the risk of corruption;

under (a), information obligations to the

responsible person, identified in accordance with paragraph 7, called to supervise

On the operation and compliance with the plan;

(d) monitor compliance with the deadlines, prescribed by law or by the

Regulations, for the conclusion of proceedings;

(e) monitor the relationship between the administration and those who

with it enter into contracts or who are interested in

Procedures for the authorization, granting or disbursement of benefits

economic of any kind, including by checking any relationships

of kinship or affinity existing between the holders, the

directors, partners and employees of the same entities and the

managers and employees of the administration;

(f) identify specific additional transparency requirements

than those stipulated by legal provisions.

The person in charge identified in accordance with paragraph 7 shall provide

Also:

(a) to the verification of the effective implementation of the plan and its

suitability, as well as to propose the modification of the same when they are

significant violations of the requirements are established or when

changes occur in the organization or activity

Of the administration;

(b) to verification in consultation with the relevant manager,

Of the effective rotation of positions in the offices in charge of the

performance of activities in the scope of which the risk is higher

That corruption offenses are committed;

training referred to in paragraph 11.

The College of Public Administration, without new

or greater burdens on public finance and using the resources

human, instrumental and financial resources available under current legislation,

Prepares pathways, including specific and sector-specific training of the

State government employees on the issues

Of ethics and legality. On a periodic basis and in agreement with the

administrations, provides training for civil servants

called to work in the areas where it is highest, based on the

Of the plans adopted by individual administrations, the risk that

corruption offenses are committed.

In case of commissioning, within the administration, of a

Corruption crime established by a final judgment, the

responsible person identified in accordance with paragraph 7 of this article

responds in accordance with Article 21 of Legislative Decree March 30.

2001, No. 165, as amended, as well as on the plan

Disciplinary, as well as for the fiscal and image damage of the

public administration, unless it proves all of the following

circumstances:

(a) to have prepared, before the commission of the act, the

plan referred to in paragraph 5 and that it has complied with the requirements set forth in the

Paragraphs 9 and 10 of this article;

(b) to have supervised the operation of and compliance with the

plan.

The disciplinary sanction against the person in charge identified

under paragraph 7 may not be less than suspension from the

service with deprivation of pay from a minimum of one month to

a maximum of six months.

In case of repeated violations of preventive measures

provided for in the plan, the person in charge identified in accordance with paragraph 7

of this article shall be liable in accordance with Article 21 of the decree

Legislative Decree No. 165 of March 30, 2001, as amended,

as well as, for failure to supervise, on the disciplinary level. Violation,

By the employees of the administration, the measures of

prevention provided for in the plan constitutes a disciplinary offense.

By December 15 of each year, the executive identified pursuant to the

of paragraph 7 of this article shall publish on the website

Of the administration a report containing the results of the activity

carried out and transmits it to the policy-making body

Of the administration. In cases where the policy-making body

requests it or if the manager in charge deems it appropriate,

The latter reports on the activity.

For the purposes of this law, the transparency of the activity

administrative, which constitutes an essential level of performance

Concerning social and civil rights under Article 117,

second paragraph (m) of the Constitution, according to what

provided for in Article 11 of Legislative Decree Oct. 27, 2009,

No. 150, is ensured through the publication on the websites

institutional public administrations, information

related to administrative procedures, according to criteria of easy

accessibility, completeness and ease of reference, in the

compliance with the provisions on state secrecy, the

Official secrecy and personal data protection. On the websites

Institutional institutions of public administrations are also published the

related budgets and final accounts, as well as the unit costs of

Implementation of public works and service production

disbursed to citizens. Cost information is published on the

Based on a model scheme prepared by the Authority for the Supervision of the

public contracts for works, services and supplies, which takes care of it

also the collection and publication on its website

institutional in order to allow for easy comparison.

Notwithstanding the provisions of Article 53 of the decree

Legislative Decree No. 165 of March 30, 2001, as last amended by the

Paragraph 42 of this article, in Article 54 of the Code

of digital administration, referred to in the Legislative Decree of March 7.

2005, No. 82, as amended, in Article 21 of the Law

June 18, 2009, no. 69, as amended, and in Article 11

Of Legislative Decree No. 150 of October 27, 2009, public

administrations ensure the essential levels referred to in paragraph 15

Of this article with particular reference to the proceedings of:

(a) authorization or concession;
(b) choice of contractor for the award of works, supplies and

services, including with reference to the mode of selection chosen

Pursuant to the code of public contracts for works, services

and supplies, pursuant to Legislative Decree No. 163 of April 12, 2006;

financial aids, as well as the allocation of economic benefits of

any kind to public and private persons and entities;

(d) competitions and selective tests for the recruitment of personnel and

Career progressions referred to in Article 24 of the aforementioned decree

Legislative Decree No. 150 of 2009.

Contracting stations may provide in notices, notices of

tender or letters of invitation that non-compliance with the clauses

contained in the protocols of legality or integrity pacts.

constitutes grounds for exclusion from the tender.

To ordinary, administrative, accounting and military magistrates,

to lawyers and state attorneys and members of the

tax commissions is prohibited, under penalty of disqualification from holding office

and nullity of acts performed, participation in colleges

arbitrators or taking on the position of sole arbitrator.

Paragraph 1 of Article 241 of the code set forth in Decree

Legislative Decree No. 163 of April 12, 2006, as amended, is

replaced by the following:

“1. Disputes over subjective rights, arising from

From the execution of public contracts for works, services,

supplies, design and idea competitions, including those

resulting from the failure to reach the envisaged amicable settlement

by Article 240, may be referred to arbitrators, subject to the following

reasoned authorization by the governing body

Of the administration. The inclusion of the arbitration clause,

Without prior authorization, in the notice or notice by which it is

call for competition or, for procedures without a call for competition, in the invitation, or

the use of arbitration, without prior authorization, are

null and void.”

The provisions on the use of arbitrators, referred to in

To Article 241, paragraph 1, of the code referred to in Legislative Decree

April 12, 2006, No. 163, as replaced by paragraph 19 of this

Article, shall also apply to disputes concerning concessions

and public contracts for works, services and supplies in which a party is a

publicly held company or a subsidiary or

related to a publicly held company, pursuant to

Article 2359 of the Civil Code, or otherwise have to

object works or supplies financed with resources from the budgets

public. To this end, the administrative body shall issue

The authorization referred to in the above-mentioned paragraph 1 of Article 241 of the

Code referred to in Legislative Decree No. 163 of 2006, as replaced

By paragraph 19 of this article.

The appointment of arbitrators for dispute resolution

in which a public administration is a party takes place in the

compliance with the principles of publicity and rotation and according to the

modalities provided for in paragraphs 22, 23 and 24 of this article, as well as

That in compliance with the provisions of the code set forth in the decree

Legislative Decree No. 163 of April 12, 2006, as applicable.

Where the dispute is between two public

administrations, partisan arbitrators shall be identified exclusively

Among public managers.

Where the dispute takes place between a public

administration and a private party, the arbitrator identified by the public

administration is chosen preferably from among public managers.

Where it is not possible for the public administration to appoint

an arbitrator chosen from among public managers, the appointment is arranged,

By reasoned order, in accordance with the provisions of the

Code referred to in Legislative Decree No. 163 of April 12, 2006.

The government shall establish, under penalty of nullity.

of the appointment, the maximum amount payable to the public manager for

arbitration activity. Any difference between the amount due

to the appointed arbitrators and the maximum amount set for the executive

Is acquired to the budget of the government that has

called for the competition.

The provisions of paragraphs 19 to 24 do not apply

To arbitrations conferred or authorized before the date of entry into

force of this law.

The provisions of paragraphs 15 and 16 also apply to the

proceedings put in place in derogation of ordinary procedures. I

Entities that operate on an exemption basis and do not have their own sites

institutional webs publish the information referred to in the aforementioned subparagraphs

15 and 16 on the institutional websites of the administrations from which

Are appointed.

The information published pursuant to paragraphs 15 and 16 is

transmitted electronically to the Commission.

Administrations also provide monitoring

Periodic adherence to procedural timelines through the

Timely elimination of anomalies. The results of the monitoring

are searchable on the institutional website of each

administration.

Each public administration shall make known, through its

Institutional website, at least one e-mail address

certified to which the citizen can turn to transmit instances

Pursuant to Article 38 of the unified text of the provisions

laws and regulations on documentation

Administrative, referred to in the Presidential Decree of the Republic of 28

December 2000, No.445, as amended, and receive

Information about administrative measures and processes

concerning him.

Administrations, in compliance with the discipline of the right

of access to administrative documents under Chapter V of Law 7

August 1990, No. 241, as amended, on the subject of

administrative process, have an obligation to make accessible

at all times to those concerned, by means of

computer identification referred to in Article 65, paragraph 1, of the

Code referred to in Legislative Decree No. 82 of March 7, 2005, and subsequent

amendments, information on the measures and

administrative proceedings affecting them, including those

related to the status of the procedure, its timing, and the

specific office responsible at each stage.

By one or more decrees of the minister of public

administration and simplification, in consultation with the Minister

Of infrastructure and transportation for matters under its jurisdiction,

After consultation with the Unified Conference referred to in Article 8 of the decree

Legislative Decree No. 281 of August 28, 1997, as amended, by

Adopt within six months of the effective date of the

this law, information relevant to the purposes of

Of the application of paragraphs 15 and 16 of this article and the

related manner of publication, as well as the general directions

for the application of subsections 29 and 30. This is without prejudice to the provisions

In the field of publicity provided for in the code referred to in the decree

Legislative Decree No. 163 of April 12, 2006.

With reference to the proceedings referred to in Paragraph 16(b),

Of this article, contracting stations shall in any case be

required to publish on their institutional websites: the structure

proposer; the subject of the notice; the list of operators invited to

submit bids; the successful bidder; the award amount; the

time for completion of the work, service or supply; the amount

Of the liquidated sums. ((Contracting stations are also required to.

To submit the above information every semester to the committee

referred to in paragraph 2)). By January 31 of each year, such

information, relative to the previous year, is published in

summary tables made freely downloadable in a format

Digital open standard that allows for analysis and reprocessing,

including for statistical purposes, computer data. The administrations

transmit such information in digital format to the Authority for

The supervision of public contracts for works, services and supplies,

which publishes them on its website in a section freely

searchable by all citizens, categorized by type

of contracting station and by region. The Authority identifies with

its own deliberation the relevant information and related

mode of transmission. By April 30 of each year,

The Authority for the Supervision of Public Works Contracts,

Services and supplies shall transmit to the Court of Auditors the list of the

administrations that have failed to transmit and publish, in

in whole or in part, the information referred to in this subparagraph in a format

digital open standard. Article 6, paragraph 11, of the

Code set forth in Legislative Decree April 12, 2006, no. 163. (2)

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

1(e) of Article 133 of the code set out in Annex 1 to the

Legislative Decree July 2, 2010, no. 104, the administrative law judge

Transmits to the commission any relevant information or news

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

evaluation, highlights conduct or acts that are contrary to the

rules of transparency)).

The failure or incomplete publication by public

administrations, of the information referred to in paragraph 31 constitutes

Violation of quality and economic standards under

Of Article 1, paragraph 1, of Legislative Decree December 20, 2009,

198, and is still evaluated in accordance with Article 21 of the decree

Legislative Decree No. 165 of March 30, 2001, as amended.

Any delays in updating content on the tools

IT shall be sanctioned against those responsible for the service.

The provisions of paragraphs 15 to 33 apply to the

public administrations referred to in Article 1, paragraph 2, of the decree

Legislative Decree No. 165 of March 30, 2001, as amended, to the

national public bodies, as well as to the investee companies of the

General government and their subsidiaries, pursuant to

Article 2359 of the Civil Code, limited to their

activity in the public interest regulated by national law or

European Union.

The government is delegated to adopt, without new or increased

burden on public finance, within six months from the date of entry

into force of this law, a legislative decree for the

Reorganization of the discipline concerning publicity obligations,

transparency and dissemination of information by public

administrations, by amending or supplementing the

existing provisions, or through the provision of new forms of

publicity, subject to the following guiding principles and criteria:

(a) reconnaissance and coordination of provisions providing for

Publicity obligations of government;

(b) provision of forms of publicity both with regard to the use of the

public resources both with regard to the conduct and results of the

administrative functions;

Holders of political office, elective office or otherwise of

Exercise of policy-making powers, state level,

regional and local. The statements subject to publication

mandatory referred to in paragraph (a) must concern at least the

holder’s overall financial situation at the time

of taking office, ownership of enterprises, the

Own shareholdings of their own, their spouses and relatives within the

second degree of kinship, as well as all compensation to which it entitles

the assumption of office;

(d) expansion of the assumptions of publicity, through

Publication on institutional websites, of information related to the

Holders of managerial positions in public administrations

referred to in Article 1, paragraph 2, of Legislative Decree March 30

2001, No. 165, as amended, both with reference to

Those involving administrative and management functions, both with

Reference to the positions of responsibility of the direct offices

collaboration;

(e) definition of categories of information that the

administrations must publish and the manner of processing

Of the relevant formats;

(f) obligation to publish all acts, documents and

information referred to in this subparagraph also in electronic format

processable and in open data formats. For open data formats

should be understood to mean at least the data made available and usable online

in non-proprietary formats, on terms that allow for the most

wide reuse even for statistical purposes and redistribution without

Additional restrictions on use, reuse or dissemination other than

from the obligation to cite the source and respect its integrity;

(g) identification, including through integration and coordination

Of the current discipline, duration, and updating deadlines

For each mandatory publication;

(h) identification, including through review and integration of the

existing regulations, responsibilities and penalties for the

Failure, delay or inexact performance of the obligations of

publication.

The provisions set forth in the legislative decree adopted under

of paragraph 35 supplement the identification of the essential level of the

benefits provided by governments for the purpose of

transparency, prevention, combating corruption and misconduct

Administration, in accordance with Article 117, second paragraph, letter

(m), of the Constitution, and also constitute the exercise of the

Statistical and computer information coordination function of the

State, regional and local government data, of which

Article 117(2)(r) of the Constitution.

In Article 1 of Law No. 241 of August 7, 1990, in para.

1-ter the following words are added at the end: “, with a level

of guarantee not less than that to which public

administrations under the provisions of this

law.”

In Article 2 of Law No. 241 of August 7, 1990, paragraph 1 is.

The following sentence shall be added at the end: “If they find the manifest

Inadmissibility, inadmissibility, improbability, or groundlessness

of the application, public administrations conclude the

proceedings by an express order drafted in the form

simplified, the reasons for which can consist of a concise

reference to the point of fact or law deemed decisive.”

In order to ensure the impartial exercise of functions

administrative and to strengthen the separation and mutual

autonomy between policy-making bodies and administrative bodies,

The public administrations referred to in Article 1, paragraph 2, of the

Legislative Decree No. 165 of March 30, 2001, as well as companies and

Companies invested by the state and other public bodies, in

At the time of the monitoring put in place for the purposes of Article 36,

paragraph 3, of the same Legislative Decree No. 165 of 2001, and

as amended, shall notify the Department of Function

public, through the independent evaluation bodies,

All relevant data to capture the management positions allocated to

persons, including those from outside the public administration, identified

discretionary by the policy-making body without procedures

public selection process. The data provided flows into the report

Annual report to Parliament referred to in the above-mentioned Article 36, paragraph 3, of the

Legislative Decree No. 165 of 2001, and are transmitted to the

Commission for the purposes set forth in paragraphs 1 through 14 of this

article.

The titles and curricula reported to the individuals referred to in paragraph 39.

shall be understood to be part of the data reported to the Department

civil service.

In Chapter II of Law No. 241 of August 7, 1990, after Art.

6 the following is added:

“Art. 6-bis. – (Conflict of interest). – 1. The head of the

proceedings and the holders of the offices responsible for adopting the

opinions, technical assessments, endoprocedural acts, and the

final measure must abstain in case of conflict of

interests, reporting any conflict situations, including

potential.”

In Article 53 of the Legislative Decree of March 30, 2001, no. 165,

as amended, the following amendments shall be made:

(a) after paragraph 3, the following is inserted:

“3-bis. For the purposes provided for in paragraph 2, by appropriate regulations

Issued on the proposal of the Minister of Public Administration and the

Simplification, in consultation with the ministers concerned, pursuant to

Article 17, paragraph 2, of Law No. 400 of August 23, 1988, and

as amended, are identified, according to criteria

Differentiated in relation to different qualifications and roles

professional, prohibited assignments for employees of the

Public administrations referred to in Article 1, paragraph 2.”

(b) in paragraph 5, the following words shall be added at the end: “or

situations of conflict, even potential conflict of interest, which

impair the impartial exercise of the functions assigned to the

employee.”

following:

“For the purpose of authorization, the administration shall verify.

The non-existence of situations, even potential, of conflict of

interests.”

(d) the following shall be inserted after paragraph 7:

“7-bis. Failure to pay the fee by the

public employee undue recipient constitutes hypothesis of

State liability subject to the jurisdiction of the Court of

accounts.”

(e) Paragraph 11 is replaced by the following:

“11. Within fifteen days of the disbursement of compensation for the

assignments referred to in paragraph 6, public or private entities shall notify

To the relevant administration the amount of compensation paid out

to public employees.”

(f) in paragraph 12, the first sentence shall be replaced by the following, “The

Public administrations that grant or authorize appointments,

also free of charge, to its employees communicate in the way

telematically, within fifteen days, to the Department of the

Civil service the assignments given or authorized to employees

themselves, stating the purpose of the assignment and the fee

gross, where applicable”; in the same paragraph 12, in the second sentence, the

words, “The list is accompanied” are replaced by the following:

“The communication is accompanied” and, in the third sentence, the words:

“Within the same period of time” shall be replaced by the following, “By 30.

June of each year.”

(g) in subsection (13), the words, “Within the same time limit as in the

Paragraph 12″ shall be replaced by the following, “By June 30 of

each year.”

(h) in paragraph 14, second sentence, after the words “the subject, the

duration and remuneration of the assignment” the following shall be added:

“as well as certification of the verification of the non-existence of

situations, even potential ones, of conflict of interest.”

(i) in paragraph 14, the following shall be inserted after the second sentence:

“Information on consultancies and assignments reported by the

administrations to the Civil Service Department, as well as the

Information published by them in their databases

electronically accessible to the public pursuant to this

article, are transmitted and published in summary tables made

freely downloadable in an open standard digital format that

enable analysis and reprocessing, including for statistical purposes, of data

information technology. By December 31 of each year, the Department

of the civil service transmits to the Court of Auditors the list of the

administrations that have failed to transmit and publish, in

in whole or in part, the information referred to in the third period of the

this paragraph in an open standard digital format.”

(l) after paragraph 16-bis, the following is added:

“16-ter. Employees who, in the last three years of service,

Have exercised authoritative or negotiating powers on behalf of the

Public administrations referred to in Article 1, paragraph 2, may not

Carry out, in the three years following the termination of the

civil service, employment or professional activity at the

Private parties receiving the activity of the public

Administration carried out through the same powers. The contracts

concluded and appointments made in violation of the provisions of the

by this paragraph shall be null and void, and private entities are prohibited from

who concluded or conferred them to contract with public

Administrations for the next three years with the obligation to return

Of any fees received and ascertained to be related to them.”

The provisions of Article 53, paragraph 16b, second

period, of Legislative Decree No. 165 of March 30, 2001, introduced by the

Paragraph 42(l) shall not apply to contracts already signed

on the effective date of this law.

Article 54 of Legislative Decree No. 165 of March 30, 2001 is

replaced by the following:

“Art. 54. – (Code of Conduct). – 1. The government defines

A code of conduct for employees of public

administrations in order to ensure the quality of services, the

prevention of corruption, compliance with the duties

constitutions of diligence, loyalty, impartiality, and service

exclusive to the care of the public interest. The code contains a

Specific section devoted to the duties of managers, broken down into

relation to the functions assigned, and in any case provides for all the

public employees the prohibition of asking or accepting, at

any title, compensation, gifts or other benefits, in connection

With the performance of their functions or assigned tasks,

subject to gifts of use, provided they are of modest value and within the limits

Of normal courteous relations.

The code, approved by decree of the President of the

Republic, after deliberation by the Council of Ministers, on

proposal of the Minister for Public Administration and

Simplification, after agreement in the Unified Conference, is

published in the Official Gazette and delivered to the employee, who

Signs it at the time of employment.

Violation of the duties contained in the code of

behavior, including those related to the implementation of the Plan of

Prevention of corruption, is a source of responsibility

disciplinary. The breach of duty is also relevant to the

Of civil, administrative and accounting liability

whenever the same responsibilities are related to the

Violation of duties, obligations, laws or regulations. Serious violations

or repeated violations of the code shall result in the application of the penalty of

referred to in Article 55-quater, paragraph 1.

For each judiciary and the State Bar, the

bodies of trade associations adopt a code of ethics to which

members of the judiciary concerned must join. In

case of inaction, the code is adopted by the self-governing body.

Each public administration shall define, by procedure

open to participation and subject to the mandatory advice of its

independent evaluation body, its own code of

behavior that supplements and specifies the code of conduct of

referred to in paragraph 1. To the code of conduct referred to in this subsection

the provisions of paragraph 3 shall apply. For these purposes, the Commission

for the evaluation, transparency and integrity of the

public administrations (CIVIT) defines criteria, guidelines and

Uniform models for individual sectors or types of administration.

On the application of the codes referred to in this article.

supervise the managers in charge of each facility, the facilities

internal control and discipline offices.

General government shall annually verify the status

of code enforcement and organize activities to train the

staff for the knowledge and proper application of the same.”

The codes referred to in Article 54, paragraphs 1 and 4, of the decree

Legislative Decree No. 165 of March 30, 2001, as replaced by paragraph 44, are

approved within six months of the effective date of the

this law.

After Article 35 of Legislative Decree March 30, 2001, no.

165, the following is inserted:

“Art. 35-bis. – (Prevention of the phenomenon of corruption in the

committee formation and in office assignments) – 1.

Those who have been convicted, including those who have been convicted by a judgment that has not been passed in

adjudicated, for the crimes provided for in Chapter I of Title II of Book

Second of the Criminal Code:

(a) may not be a member, even in a secretarial capacity, of

Commissions for access or selection to public employment;

(b) may not be assigned, even in a management capacity,

To the offices in charge of managing financial resources,

The acquisition of goods, services and supplies, as well as the

The granting or disbursement of grants, contributions, subsidies,

financial aids or allocation of economic benefits to individuals

public and private;

Contractor for the procurement of works, supplies and services, for the

The granting or disbursement of grants, contributions, subsidies,

financial aids, as well as for the allocation of economic benefits

Of any kind.

The provision stipulated in subsection l supplements the laws and

Regulations governing the formation of committees and the appointment

Of the relevant secretaries.”

In Article 11 of Law No. 241 of August 7, 1990, in Paragraph 2,

the following sentence is added at the end: “The agreements referred to in the

this article must be substantiated in accordance with Article 3.”

The government is delegated to adopt, within six months of the date

of entry into force of this law, a legislative decree to

The organic regulation of offenses, and related penalties

disciplinary, related to the passing of the deadlines for the definition of the

Administrative procedures, according to the following principles and criteria

management:

(a) homogeneity of delay-related offenses, overcoming the

specific logics of different sectors of public

administrations;

(b) uniformity of controls by managers, aimed at

avoiding delays;

always related to failure to meet deadlines.

For the purpose of preventing and combating corruption,

as well as the prevention of conflicts of interest, the government is

Delegated to adopt, without new or increased burdens on the financial

Public, within six months after the effective date of the

this law, one or more legislative decrees aimed at amending

The current regulations governing the awarding of appointments

executive and administrative responsibility positions of

top management in public administrations referred to in Article l, para.

2, of Legislative Decree No. 165 of March 30, 2001, and subsequent

amendments, and in private-law entities subject to control

public exercising administrative functions, production activities

of goods and services for the benefit of government departments or

management of public services, to be conferred to internal or

external to public administrations, involving functions of

administration and management, as well as to change the discipline

in force regarding incompatibility between the said positions and the

holding elective public offices or the holding of

private interests that may conflict with the exercise of

impartial of the public functions entrusted.

The legislative decrees referred to in paragraph 49 shall be issued in the

Compliance with the following principles and guiding criteria:

(a) explicitly provide for the purpose of prevention and

fight against corruption, the cases of non-feasibility of appointments

management, adopting as a general rule the criterion of non

conferability for those who have been convicted, including with

Not final judgment, for the offenses provided for in Chapter I

Of Title II of Book II of the Criminal Code;

(b) explicitly provide for the purpose of prevention and

fight against corruption, the cases of non-feasibility of appointments

management, adopting as a general rule the criterion of non

conferability for those who for a reasonable period of time, do not

less than one year, prior to the award have performed

offices or held positions in private law entities subject to

control or financed by the administration that confers

the assignment;

conferment of management positions to individuals from outside the

Administrations that, for an appropriate period of time, not less than

to one year, prior to the conferment have served on bodies

of political direction or have held elected public office.

Cases of non-conferability should be graded and regulated in

relation to the relevance of political offices

held, to the relevant entity and the connection, including

Territorial, with the awarding administration. È

Excluded in all cases, except for assignments of

responsible for the offices of direct cooperation of the organs of

political direction, the granting of executive appointments to

Those who in the same administrations have carried out

political office or have held public office

elective in the period, however, not less than one year,

Immediately preceding the assignment;

(d) include among the assignments covered by the discipline:

(1) top administrative positions as well as the

executive positions, including those awarded to individuals outside the

public administrations, which involve the exercise in via

exclusive powers of administration and management;

(2) the positions of general manager, health and

Administrative of local health companies and companies

hospitals;

(3) the positions of directors of public bodies and entities

Of private law subject to public control;

(e) regulate cases of incompatibility between the offices of

referred to in (d) already conferred and the performance of activities,

paid or unpaid, at private law entities subject to

regulated, controlled or financed by the administration

Who conferred the assignment or self-performance of activities

professional, if the professional body or activity is subject to

regulation or funded by the administration;

(f) regulate cases of incompatibility between the offices of

referred to in (d) already conferred and the holding of offices in the

policy-making bodies.

After Article 54 of Legislative Decree March 30, 2001, no.

165, the following is inserted:

“Art. 54-bis. – (Protection of the public employee who reports

torts). – 1. Outside the cases of liability under the

Slander or libel, or for the same title under the

of Article 2043 of the Civil Code, the public employee who

complaint to the judicial authority or the Court of Auditors, or

reports to his or her superior unlawful conduct of which

came to his knowledge by reason of the employment relationship, he cannot

Be sanctioned, dismissed or subjected to a measure

discriminatory, direct or indirect, affecting the conditions

of work for reasons related directly or indirectly to the

complaint.

In disciplinary proceedings, the identity of the

reporter cannot be disclosed, without his consent, always

That the objection to the disciplinary charge is based on

Separate and additional assessments to the report. If

the challenge is based, in whole or in part, on the

reporting, the identity may be disclosed where its knowledge

Is absolutely essential to the defendant’s defense.

The adoption of discriminatory measures is reported to the

Department of Civil Service, for the measures of

competence, by the person concerned or by labor organizations

most representative in the administration in which the

themselves were put in place.

The complaint is exempt from the access provided for in articles

22 et seq. of Law No. 241 of August 7, 1990, and subsequent

amendments.”

For the business activities referred to in paragraph 53 the

Communication and the liberating anti-mafia information to be acquired

regardless of the thresholds established by the code set forth in the decree

Legislative Decree No. 159 of September 6, 2011, is compulsorily acquired

By the persons referred to in Article 83, paragraphs 1 and 2, of the decree

Legislative Decree No. 159 of September 6, 2011, through consultation,

also electronically, of special list of suppliers, providers

of services and performers of works not subject to attempted

Mafia infiltration operating in the same sectors. The aforementioned

list is established at each prefecture. Inclusion in the list

Is ordered by the prefecture of the province where the person

applicant is located. Article 92, paragraphs 2 and

3, of the aforementioned Legislative Decree No. 159 of 2011. The prefecture

Carry out periodic checks as to the continued non-existence of the

attempts of mafia infiltration and, in case of a negative outcome,

Shall order the removal of the enterprise from the list.

52-bis. Inclusion in the list referred to in subsection 52 shall take place.

Of the liberating anti-mafia communication and information also

For the purpose of entering into, approving or authorizing contracts or

Subcontracts related to activities other than those for which

it was arranged.

They are defined as most at risk of

Mafia infiltration the following activities:

(a) transportation of materials to landfill for third parties;
(b) transportation, including cross-border transportation and disposal of waste

On behalf of third parties;

(c) extraction, supply and transportation of earth and inert materials;
(d) packing, supply and transportation of concrete and

bitumen;

(e) cold-hire of machinery;
(f) supply of processed iron;
(g) hot freight hire;
(h) trucking for others;
(i) guarding of construction sites.
The indication of the activities referred to in paragraph 53 can be

Updated, by December 31 of each year, by special decree

Of the Minister of the Interior, adopted in consultation with the Ministers of the

justice, infrastructure and transport and economy and

Of finance, subject to the opinion of the parliamentary committees

competent, to be rendered within thirty days from the date of transmission

Of the relevant outline to the Chambers. If the commissions do not

pronounce within the time limit, the decree can still be

adopted.

The enterprise registered in the list referred to in paragraph 52 shall notify the

competent prefecture any changes in the ownership structure and

Of its corporate bodies, within thirty days from the date of the

amendment. Corporations listed on regulated markets.

report relevant changes in accordance with the provisions of the text

single referred to in Legislative Decree Feb. 24, 1998, no. 58. La

Failure to notify will result in cancellation of registration.

By decree of the President of the Council of Ministers, upon

proposal of the ministers for public administration and the

Simplification, interior, justice, infrastructure

and transportation and economic development, to be adopted by

sixty days from the effective date of this law,

arrangements are defined for the establishment and updating, without

new or increased burdens on public finance, of the list referred to in the

Paragraph 52, as well as for verification activities.

Until the 60th day after the date of entry into

force of the decree referred to in paragraph 56 continues to apply the

legislation in force on the date of entry into force of this

Law.

In Article 135, paragraph l, of the code referred to in the decree

Legislative Decree No. 163 of April 12, 2006, after the words “passed into

adjudicated,” the following shall be inserted: “for the crimes provided for

by Article 51, paragraphs 3-bis and 3-quater, of the Code of Procedure

Criminal, by Articles 314, first paragraph, 316, 316-bis, 317, 318, 319,

319-ter, 319-quater and 320 of the Criminal Code, as well as.”

The corruption prevention provisions set forth in paras.

1 to 57 of this article, of direct implementation of the principle

of impartiality referred to in Article 97 of the Constitution, are

applied in all government departments referred to in Art.

1, paragraph 2, of Legislative Decree No. 165 of March 30, 2001, and

subsequent amendments.

Within one hundred and twenty days from the effective date of the

this law, through agreements in the Unified Conference of

referred to in Article 8(l) of Legislative Decree August 28, 1997,

281, fulfillments are defined, indicating the

related terms, of the autonomous regions and provinces of Trent and

of Bolzano and local authorities, as well as public bodies and the

private law entities under their control, aimed at the

Full and prompt implementation of the provisions of this law,

with special regard to:

(a) to the definition by each administration of the

three-year corruption prevention plan, starting with the one

relating to the years 2013-2015, and its transmission to the region

concerned and to the Department of Civil Service;

(b) to the adoption by each administration of standards

Regulations on the identification of prohibited assignments to the

public employees referred to in Article 53, paragraph 3-bis, of the decree

Legislative Decree No. 165 of March 30, 2001, introduced by Paragraph 42, letter

(a), of this article, subject to the provision of paragraph 4

Of the same Article 53;

of conduct referred to in Article 54, paragraph 5, of the decree

Legislative Decree No. 165 of March 30, 2001, as replaced by paragraph 44 of the

this article.

Through agreements in the Unified Conference are also

defined the implementation requirements of the provisions of the decrees

legislation provided for in this law by the regions and

of the autonomous provinces of Trent and Bolzano and local governments,

as well as public bodies and private law entities

subjected to their control.

In Article l of Law No. 20 of January 14, 1994, after the

Paragraph 1-quinquies shall be inserted as follows:

“1-sexies. In the judgment of liability, the extent of the damage

To the image of the public administration resulting from the

commission of a crime against the same public administration

established by a final judgment is presumed, subject to proof

contrary, equal to twice the amount of money or value

assets of other benefits illicitly received by the

employee.

1-septies. In liability judgments involving acts

or facts referred to in subsection 1-sexies, the attachment referred to in

Article 5, paragraph 2, of Decree Law No. 15 November 1993, no. 453,

Converted, with amendments, by Law No. 19 of January 14, 1994, is

granted in all cases of well-founded fear of mitigation of the

guarantee of tax credit.”

The government is delegated to adopt, without new or increased

burden on public finance, within one year from the date of entry into

force of this law, a legislative decree containing a text

Unique of the legislation on ineligibility for the office of

member of the European Parliament, member of parliament and senator of the

Republic, of ineligibility in regional, provincial elections,

municipal and constituency offices and a ban on holding the offices of

president and member of the board of directors of the

consortia, president and member of boards and councils

Of unions of municipalities, board of directors and

president of special companies and institutions of which

Article 114 of the Consolidated Text of the laws on the ordering of the

Local governments, referred to in Legislative Decree No. 267 of August 18, 2000, and

as amended, president and member of the organs

executive officers of mountain communities.

The legislative decree referred to in paragraph 63 shall provide for the reorganization

and harmonization of existing regulations and is adopted according to the

following guiding principles and criteria:

(a) without prejudice to the provisions of the Criminal Code regarding the

Perpetual disqualification from public office, provide that they are not

temporarily eligible to run for deputies or senators those who

Have been given final sentences of more than two years of

Imprisonment for the crimes stipulated in Article 51, paragraphs 3-bis and

3-quater, of the Code of Criminal Procedure;

(b) in addition to (a), provide that

Are not temporarily eligible to run for deputies or senators those

Who have final sentences of more than two years

Imprisonment for the crimes provided for in Book Two, Title II,

Chapter I, of the Criminal Code or for other crimes for which the

law provides for a term of imprisonment exceeding a maximum of three years;

(c) provide for the duration of incandidability referred to in paragraphs
(a) and (b);
(d) provide that the incandidability shall also operate in the case of

Application for punishment on request, pursuant to Article 444 of the

code of criminal procedure;

(e) coordinate the provisions on incandidability with

the current regulations on disqualification from public office and

rehabilitation, as well as with the restrictions on the exercise of the right

Of voter registration;

(f) provide that the conditions of ineligibility for the office of

deputy and senator are also applied to the recruitment of the

government positions;

(g) conduct a comprehensive reconnaissance of existing legislation in

On the subject of ineligibility in provincial, municipal and

constituencies and prohibition from holding the offices of president

Of the province, mayor, alderman and provincial councilor and

municipal, president and constituent council member,

president and member of the board of directors of the

consortia, president and member of the boards and councils of the

unions of municipalities, board member and president of the

special companies and institutions referred to in Article 114 of the

Consolidated text of the aforementioned Legislative Decree No. 267 of 2000,

President and member of the bodies of mountain communities,

determined by final convictions;

(h) evaluate for the offices referred to in paragraph (g), consistently

With the choices made in implementation of (a) and (i),

The introduction of additional assumptions of ineligibility determined

From final convictions for crimes of grave concern

Social;

(i) identify, without prejudice to regional legislative competence

On the system of election and cases of ineligibility and

incompatibilities of the president and other members of the council

regional as well as regional counselors, the assumptions of

Ineligibility for regional elections and a ban on holding

positions in the top political bodies of the regions, resulting from

Final judgments of conviction;

(l) provide for the express repeal of incompatible legislation

with the provisions of the legislative decree referred to in paragraph 63;

(m) regulate cases of suspension and disqualification as of right

from the offices referred to in paragraph 63 in the event of a final judgment of

Conviction for non-culpable offenses subsequent to candidacy or

To the entrustment of the office.

The outline of the legislative decree referred to in paragraph 63, accompanied by

Of technical report, pursuant to Article 17, paragraph 3, of the Act

Dec. 31, 2009, No. 196, is transmitted to the Chambers for the purpose of

Of the expression of opinions by the parliamentary committees

responsible for the subject matter and financial profiles, which are rendered

within sixty days from the date of transmission of the outline of the

decree. After the expiration of the period referred to in the previous sentence without the

Commissions have given their respective opinions, the

Legislative decree can still be adopted.

All positions in institutions, bodies and agencies

public, national and international awarded in top positions

or semi-apical, including those, however named, in the offices of

direct cooperation, including those of legal advisor,

as well as those of members of the independent bodies of

evaluation, to ordinary magistrates, administrative, accounting and

military, lawyers and state prosecutors, must be carried out

with concomitant placement in an off-site position, which must

remain for the duration of the assignment. The following is excluded

To the institution of leave of absence. Current assignments as of the date of

entry into force of this law shall cease as of right if in the

One hundred and eighty days later, the measure of

Placement in an off-site position. (4)

The government is delegated to adopt, within four months of the

date of the enactment of this law, a decree

Legislative for the identification of additional assignments, including in the

offices of direct cooperation, which, in addition to those referred to in the

Paragraph 66, result in the mandatory placement in the position of

out of tenure, based on the following guiding principles and criteria:

(a) take into account the differences and specificity of schemes and

Functions related to ordinary jurisdiction, administrative,

accounting and military, as well as to the State Attorney’s Office;

(b) duration of the assignment;
(c) continuity and onerousness of the related work commitment; and

To the performance of the task;

(d) possible conflict of interest situations between the functions

exercised in the administration to which they belong and those

exercised by reason of the position held out of office.

Except as provided in Paragraph 69, ordinary magistrates,

administrative, accounting and military personnel, lawyers and prosecutors

Of the state may not be placed in an out-of-state position

for a time over the span of their service that exceeds

A total of ten years, including continuous years. The aforementioned

placement cannot, however, result in any prejudice with

reference to the position held in the roles to which they belong.

Except as provided in paragraphs 70, 71 and 72, the provisions of

referred to in paragraph 68 shall also apply to appointments in progress as of the date

of entry into force of this law.

The provisions of paragraphs 66 to 72 do not apply to the

Government members, to elected positions, including in the bodies of

self-government, and to members of international courts however

denominated.

For the assignments provided for in paragraph 4 of Article 1-bis of the

Decree-Law No. 143 of September 16, 2008, converted, with

amended by Law No. 181 of November 13, 2008, even if

conferred after the enactment of this law,

the period referred to in subsection 68 shall run from the effective date

Of this law.

Ordinary, administrative, accounting, and military magistrates,

as well as lawyers and state attorneys who, as of the date of

entry into force of this law, have already accrued or that,

after that date, accrue the maximum period of

Placement in an out-of-service position, as referred to in paragraph 68, shall be

intend to be confirmed in the out-of-tenure position until the end of the

Of the office, legislature, council term, or term of office

relating to the institution or entity at which the assignment is made. If

the assignment does not include a term, the placement in the position of

Out of tenure shall be deemed confirmed for the next twelve months

Upon the entry into force of this law.

The outline of the legislative decree referred to in paragraph 67 is

transmitted to the chambers for the purpose of expressing opinions by the

Of the relevant parliamentary committees, which are rendered

within thirty days from the date of transmission of the same scheme of

decree. After the deadline has passed without the commissions having expressed

the opinions of their respective jurisdiction the legislative decree can be

however adopted.

Within one year after the effective date of the decree.

legislation referred to in paragraph 67, in accordance with the principles and criteria

guidelines set forth therein, the government is authorized to adopt.

provisions supplementing or correcting the legislative decree itself.

The following amendments shall be made to the Criminal Code:
(a) in Article 32-c, after the words, “319-bis,” are

Insert the following, “319-quarter,”;

(b) in Article 32-quinquies, after the words “319-ter” are

Insert the following, “, 319-quater, first paragraph,”;

Replaced by the following, “four.”

(d) Article 317 is replaced by the following:

“Art. 317. – (Bribery). – The public official who,

abusing his capacity or powers, compels someone to

To give or promise unduly, to him or a third party, money or other

utilities shall be punished by imprisonment from six to twelve years.”

(e) in Article 317-bis, the words “314 and 317” shall be replaced

by the following, “314, 317, 319, and 319-ter.”

(f) Article 318 is replaced by the following:

“Art. 318. – (Corruption for the exercise of office). – The

Public official who, in the performance of his duties or his

powers, unduly receives, for himself or a third party, money or other

benefit or accepts the promise thereof shall be punished by imprisonment from one

to five years.”

(g) in Article 319, the words “two to five” shall be replaced

by the following, “four to eight.”

(h) Article 319b shall be amended as follows:

(1) in the first paragraph, the words “three to eight” shall be replaced

by the following, “four to ten.”

(2) in the second paragraph, the word “four” is replaced by the following.

following, “five.”

(i) the following shall be inserted after Article 319b:

“Article 319-quater. – (Undue inducement to give or promise

utility). – Unless the act constitutes a more serious crime, the

Public official or person in charge of a public service who, abusing

of his capacity or powers, induces someone to give or to

Unduly promise, to him or a third party, money or other benefit

shall be punished by imprisonment of three to eight years.

In the cases provided for in the first paragraph, whoever gives or promises money or

other benefit shall be punished by imprisonment of up to three years.”

(l) In Article 320, the first paragraph is replaced by the following:

“The provisions of Articles 318 and 319 also apply to.

To the person in charge of a public service.”

(m) Article 322 shall be amended as follows:

(1) in the first paragraph, the words “who holds the status of

Public employee, to induce him to perform an act of his office”

shall be replaced by the following, “, for the performance of its functions

or its powers.”

(2) the third paragraph is replaced by the following:

“The punishment referred to in the first paragraph shall apply to the public

officer or person in charge of a public service who solicits a

promise or giving of money or other benefit for the exercise of the

his functions or powers.”

(n) Article 322-bis shall be amended as follows:

(1) in the second paragraph, after the words, “The provisions of the

articles,” the following shall be inserted: “319-quater, second paragraph,”;

(2) in the heading, after the word “extortion,” the following shall be inserted

the following, “undue inducement to give or promise benefits,”;

(o) in Article 322-ter, first paragraph, after the words, “to that

price” the following shall be added: “or profit.”

(p) in Article 323, first paragraph, the words, “from six months to three

years” shall be replaced by “one to four years.”

(q) in Article 323-bis, after the word “319,” the following shall be inserted

following, “319-quater,”;

(r) the following shall be inserted after Article 346:

“Article 346-bis. – (Trafficking in unlawful influence). – Whoever,

outside the cases of complicity in the crimes referred to in Articles 319 and

319-ter, exploiting existing relationships with a public official or

with a person in charge of a public service, unduly causes him to give or

Promising, to oneself or others, money or other pecuniary advantage,

As the price of one’s illicit mediation to the public

official or the person in charge of a public service or for

remunerate him, in connection with the performance of an act contrary to the

official duties or to the omission or delay of an act of its

office, shall be punished by imprisonment of one to three years.

The same punishment applies to anyone who unduly gives or promises

Money or other pecuniary advantage.

The punishment is increased if the person who wrongfully causes to give or

Promise, to himself or others, money or other pecuniary advantage

holds the title of public official or person in charge of a

public service.

The penalties are also increased if the acts are committed in

Relating to the performance of judicial activities.

If the facts are particularly minor, the punishment is lessened.”

Article 2635 of the Civil Code is replaced by the following:

“Art. 2635. – (Bribery among private individuals). – Unless the fact

constitutes a more serious crime, the directors, directors

general, senior managers responsible for the preparation of accounting documents

corporate officers, auditors and liquidators, who, as a result of giving or

Of the promise of money or other benefit, for himself or others,

Perform or omit acts, in violation of the obligations inherent in the

their office or obligations of loyalty, causing harm to the

company, shall be punished by imprisonment of one to three years.

The punishment of imprisonment of up to one year and six months shall apply if

the act is committed by those who are subject to the direction or the

Supervision of one of the subjects mentioned in the first paragraph.

Whoever gives or promises money or other benefit to the persons indicated

in the first and second paragraphs shall be punished with the penalties stipulated therein.

The penalties established in the preceding paragraphs shall be doubled if you

deals with companies with securities listed on regulated markets

Italian or other states of the European Union or spread among the

public to a significant extent in accordance with Article 116 of the

one of the provisions on financial intermediation,

referred to in Legislative Decree No. 58 of February 24, 1998, and subsequent

amendments.

Proceedings shall be brought on complaint by the offended person, unless from the fact

result in a distortion of competition in the acquisition of goods or

services.”

The following shall be made to Legislative Decree No. 231 of June 8, 2001.

following amendments:

(a) in Article 25:

(1) in the heading, after the word: “Concussion” shall be inserted

the following: “, undue inducement to give or promise benefits.”

(2) in subsection (3), after the words “319-ter (2),” are

The following shall be inserted: “319-quater.”

(b) in Article 25b(1), the following shall be added after subparagraph (s)

the following:

“(s-bis) for the crime of bribery among private individuals, in cases

provided for in the third paragraph of Article 2635 of the Civil Code, the

Monetary penalty of two hundred to four hundred quotas.”

In Article 308 of the Code of Criminal Procedure, after para.

2 the following is inserted:

“2-bis. In the case of prosecution for any of the crimes provided for in the

Articles 314, 316, 316-bis, 316-ter, 317, 318, 319, 319-ter,

319-quater, first paragraph, and 320 of the Criminal Code, the measures

disqualifications lose effect six months after the start of the

their execution. In any case, if they have been ordered for

evidentiary needs, the court may also order its renewal.

More than six months after the start of execution, it being understood that

However, their effectiveness is lost if from the beginning of their

execution has elapsed a period of time equal to three times the terms

provided for in Article 303.”

In Article 133, paragraph 1-bis, 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, after the words, “319-ter”

The following shall be inserted: “, 319-quater.”

In Article 12-sexies of the decree-law of June 8, 1992, no. 306,

Converted, with amendments, by Law No. 356 of August 7, 1992, and

as amended, the following amendments shall be made:

(a) in paragraph 1, after the words “319-ter,” the following shall be inserted

following, “319-quater,”;

(b) in paragraph 2-bis, after the words “319-ter,” the following shall be inserted

following, “319-quater,”.

To the Consolidated Text of Laws on the Organization of Local Governments,

referred to in Legislative Decree No. 267 of August 18, 2000, are made.

the following amendments:

(a) in Article 58, paragraph 1 (b), the words: ‘(corruption

for an official act)” shall be replaced by the following: “(bribery

for the exercise of the function)” and after the words, “319-ter.

(bribery in judicial acts),” the following shall be inserted:

“319-quater, first paragraph (undue inducement to give or promise

utility),”;

(b) in Article 59, paragraph 1(a), after the words:

“319-ter” the following shall be inserted: “, 319-quater”;

coercive provisions of Articles 284, 285 and 286 of the Code of

Criminal procedure,” the following shall be added: “as well as referred to.

Article 283, paragraph 1, of the Code of Criminal Procedure, when the

Prohibition of residence concerns the location where the mandate is held

election.”

The revocation order referred to in Article 100, Paragraph 1,

Of the Consolidated Text set forth in Legislative Decree Aug. 18, 2000, no. 267,

Is communicated by the prefect to the national anti-corruption authority, of

referred to in paragraph 1 of this article, which shall make a decision within thirty

days. After this period has elapsed, the revocation becomes effective, unless

Authority notes that the same is related to the activities carried out

By the secretary in the area of corruption prevention.

In Article 3, paragraph 1, of Act No. 97 of March 27, 2001, after

the words, “319-ter” shall be inserted the following, “, 319-quater.”

————-

UPDATE (1)

Decree Law No. 179 of October 18, 2012, converted with amendments by the

December 17, 2012, No. 221, provided (by Article 34-bis, paragraph 4).

that “Consequently, upon first application, the term of

referred to in Article 1, paragraph 8, of Law No. 190 of November 6, 2012, is

Deferred to March 31, 2013.”

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UPDATING (2)

Law No. 228 of December 24, 2012, provided (by Art. 1, para.

418) that “Upon first application, in Article 1, paragraph 32,

Of Law No. 190 of November 6, 2012, the deadline referred to in the second

period is extended to March 31, 2013, and the deadline referred to in the fourth

period is extended to June 30, 2013.”

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UPDATING (4)

Decree Law No. 90 of June 24, 2014, converted with amendments by the

August 11, 2014, No. 114 provided (by Article 8, paragraph 2) that.

“The assignments referred to in Article 1, Paragraph 66 of Law no. 190

of 2012, as amended by subsection (1), current as of the date of entry

in force of the law converting this decree, shall cease to

Right if in the next thirty days is not adopted the

Order of placement in an out-of-service position.”

It also provided (by Article 19, paragraph 15) that “The functions of the

Department of Civil Service of the Presidency of the Council

Of ministers on transparency and prevention of corruption

referred to in Article 1 , paragraphs 4, 5 and 8, of the law of November 6, 2012

190, and the functions referred to in Article 48 of Legislative Decree

March 14, 2013, No. 33, are transferred to the National Authority

anti-corruption.”

Art. 2

Invariance clause

No new or

Increased burden on public finance.

The relevant administrations shall ensure the conduct of the

activities under this law with human resources,

instrumental and financial resources available under current legislation.

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.

Given in Rome, addi’ November 6, 2012

NAPOLITANO

Monti, President of the Council of

Ministers

Severino, Minister of Justice

See, the Keeper of the Seals: Severino

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