Agentes provocadores y trabajadores m difíciles - International Lawyers Associates

Agent provocateur and difficult 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.
20190604092947.0

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 use of interceptions, also by means of portable electronic devices (the so-called trojans).

"The suspension of the statute of limitations from the date of the first degree judgement is certainly the great novelty of this decree, which makes preliminary investigations more effective and with fewer weak points", comments Alexandro Maria Tirelli, a lawyer specialised in international criminal law. The amendment of articles 9 and 10 of the Criminal Code provides for the possibility of prosecuting Italian or foreign citizens who commit crimes against the 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 global and not only national interests, we need very complex argumentative techniques for the validity of the defensive thesis. As an international law firm, we have been dealing with these types of prosecutions (corruption, recycling, drug trafficking and extraditions) for many years using a dense network of expert lawyers, especially in criminal law in foreign law".

Another novelty concerns the rehabilitation of the convicted person which will not produce effects on the perpetual accessory punishments: as stated in the decree, the perpetual punishment is expected to expire after at least 7 years from the rehabilitation and when the convicted person has given "effective and constant evidence of good conduct".

The penalties for the offences of corruption for the exercise of the function under Art. 318 p.p. (the range of the holder goes from 1-6 years to 3-8 years) and embezzlement under Art. 646 p.p. which provide for imprisonment up to 3 years and a fine up to €1.032,00, are changed to imprisonment from 2 to 5 years and a fine from €1.000,00 to €3.000,00. Legitimate demand (Article 346 of the Italian Civil Code) is repealed as a separate offence, and the related conduct is now included in the offence of trading in unlawful influence (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 offences of corruption between individuals (Article 2635 of the Civil Code) and incitement to corruption between private individuals (Article 2635-bis) are automatically indictable. The duration of disqualification sanctions against companies and bodies responsible under Legislative Decree 231/2001 for offences against public administration is increased. Finally, changes to the penitentiary system are foreseen: convicted persons will not be eligible for the benefits of imprisonment and alternative measures to detention.

If you are in any country in Latin America or the Caribbean and you 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 and we are always available to offer the best advice to develop your ideas and execute your projects guiding you to the final investment.

 

Analisa Dalla Cia

If you, a family member or acquaintance are being held for a crime, we can help you.

We assist you throughout Italy

If you or a family member is detained in Italian territory or anywhere in the world, we can help you

Contact us

Send us your question by filling out the form and we will respond as soon as possible. For emergencies you can contact us directly through WhatsApp or call our phone number.

    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.

    Send
    User's review
    5 (1 Vote)


    en_USEnglish