MORE DIF ILES AGENTS, PROVOCATORS AND WORKERS - International Lawyers Associates

MORE DIFFICULT AGENTS, PROVOCATORS AND WORKERS

The so-called Spazzacorrotti decree has also been published in the official bulletin and must be considered a law in all aspects.

The strengthening of the fight against crimes against public administration consists of a series of measures that aggravate the main and ancillary sanctions for corruption offenses, make the conclusion of an investigation more effective and limit prisoners' access to benefits of the prisons.
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The strengthening of the fight against crimes against public administration consists of a series of measures that aggravate the main and ancillary sanctions for corruption offenses, make the conclusion of an investigation more effective and limit prisoners' access to benefits of the prisons.

Measures were also introduced to strengthen investigations by extending the discipline of undercover police operations. In addition, the procedure always allows the use of interceptions, also by means of portable electronic devices (called Trojans).

 

"The suspension of the prescription course from the date of the first degree ruling is certainly the great novelty of this decree, which makes preliminary investigations more effective and with fewer weaknesses," says Alexandro Maria Tirelli, a specialized lawyer in international criminal law. With the modification of the articles. 9 and 10 of the Criminal Code provides for the possibility of prosecuting Italian or foreign citizens who commit crimes against public administration even abroad, without the need for a request from the Minister of Justice and in the absence of a complaint from the party. Since these are crimes that involve world interests and not only national interests, we need very competent argumentative techniques for the validity of defensive theses. As an international law firm, we have been dealing with such processes (corruption, recycling, drug trafficking and extraditions) for many years using a dense network of expert lawyers, especially criminal law in foreign law.

 

Another novelty refers to the rehabilitation of the convicted person who will not produce effects on perpetual accessory punishments: as established in the decree, perpetual punishment is expected to expire after at least 7 years after rehabilitation and when the convicted person has given «Effective and constant evidence of good conduct» «;

 

Penalties for corruption offenses for the exercise of the function in accordance with art. 318 pp (the rank of the holder goes from 1-6 years to 3-8 years) and the embezzlement according to art. 646 pp (From imprisonment up to 3 years and a fine of up to 1032 euros, passes to imprisonment from 2 to 5 years and a fine of 1,000 to 3,000 euros).

The legitimate claim (article 346 of the Italian Civil Code) is repealed as an independent crime, and related conduct is now included in the crime of trafficking in illegal influences (article 346-bis).

A case of non-punishment is foreseen for those who collaborate with justice, provided there is a spontaneous confession by the interested party before hearing of the investigations against them and, in any case, within 4 months after The commission of the crime.

The crimes of corruption between individuals (Article 2635 of the civil code) and the incitement to corruption between private individuals (Article 2635-bis) are automatically prosecutable.

The duration of disqualification sanctions against companies and agencies responsible under Legislative Decree 231/2001 for crimes against public administration increases.

Finally, changes in the prison system are foreseen: those convicted will not be able to access the benefits of prison and alternative measures to detention.

If you are in any country in Latin America or the Caribbean and wish to invest in Italy, contact us, we are International Lawyers Associates (with offices in Rome, Milan and Naples). We are a group of lawyers specialized in commercial and international law always available to offer the best advice to develop their ideas and execute your projects guiding you to the final investment.

 

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    Very explanatory and well written, good news.
    • Manuel Ripoll Fernandez
    5

    Summary

    For the Algerian authorities, the extradition of Khaled Nezzar will inevitably have to go through a long and laborious judicial procedure with a very low probability that the former Chief of Staff and the former Minister of Defense will be extradited and filed the day before the military court from Blida.

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