In brief. The term white-collar crime, introduced by sociologist Edwin Sutherland in 1939, identifies non-violent crimes committed in the course of business or professional activity by persons of respectable social and professional standing. In legal practice it covers a broad set of offences — fraud, corruption, money laundering, market abuse, tax offences, accounting fraud, embezzlement — prosecuted under the Italian Criminal Code, special statutes and EU directives. International Lawyers Associates (ILA) defends executives, professionals and companies in white-collar proceedings before Italian courts.

At a glance

  • White-collar crime has no single statutory definition: it is a category that encompasses several distinct offences under Italian and EU law.
  • Core Italian offences include fraud (art. 640), corruption (artt. 318-322), money laundering (art. 648-bis), embezzlement (art. 314), accounting fraud (art. 2621 c.c.).
  • The category extends to tax offences (D.Lgs. 74/2000) and market abuse (D.Lgs. 58/1998, MAR).
  • Corporate criminal liability applies under D.Lgs. 231/2001 for offences committed in the interest or to the advantage of the entity.
  • Enforcement is led by specialised prosecutor offices and, for cross-border cases, by the European Public Prosecutor’s Office (EPPO).
  • Defence and risk management require a multi-disciplinary approach: criminal law, regulatory analysis, forensic accounting.

Definition: what white-collar crime means in Italian law

White-collar crime is not a category recognised by the Italian Criminal Code. It is an analytical category used by scholars, regulators and practitioners to describe a coherent set of offences with common features:

  • committed in a business or professional context;
  • typically non-violent;
  • committed by persons of professional standing (executives, professionals, public officials);
  • often involving economic loss to victims (companies, the State, investors);
  • frequently with transnational elements (cross-border transactions, multiple jurisdictions).

The Italian system addresses these offences through distinct statutes — the Criminal Code, the Civil Code (for corporate offences), special statutes (tax, market abuse, AML), and corporate criminal liability (D.Lgs. 231/2001). The doctrinal interest of “white-collar” as a category is to read these offences as a coherent practice area, with shared investigative dynamics, compliance considerations and defence strategies.

The Italian core: which offences fall within the category

Crimes against public administration:

  • embezzlement (peculato) — Article 314 of the Italian Criminal Code;
  • corruption — Articles 318 to 322 of the Italian Criminal Code (passive and active, in office or for an act contrary to duty);
  • concussion (concussione) — Article 317;
  • abuse of office (abuso d’ufficio) — formerly Article 323, now repealed by Law no. 114/2024 (the “Nordio reform”), in force since 25 August 2024 (the repeal was upheld by the Constitutional Court, judgment no. 95/2025);
  • misappropriation of public funds (indebita destinazione di denaro o cose mobili) — Article 314-bis, introduced in 2024 (Law Decree 92/2024, converted by Law 112/2024);
  • trafficking in unlawful influence (traffico di influenze illecite) — Article 346-bis, rewritten by Law no. 114/2024;
  • aggravated fraud to obtain public funds (truffa aggravata per il conseguimento di erogazioni pubbliche) — Article 640-bis (fraud against the State is the aggravated form of art. 640, para. 2).

Crimes against property:

  • fraud (truffa) — Article 640;
  • computer fraud — Article 640-ter;
  • bankruptcy offences — Articles 322 ff. of the Codice della Crisi (D.Lgs. 14/2019, in force since 15 July 2022), which replaced Articles 216 ff. of the Bankruptcy Law (R.D. 267/1942), still applicable to bankruptcies opened under the old regime.

Money laundering and self-laundering:

  • money laundering — Article 648-bis;
  • use of unlawful proceeds — Article 648-ter;
  • self-laundering — Article 648-ter.1.

Tax offences (D.Lgs. 74/2000):

  • false invoices and inexistent operations;
  • omitted or fraudulent VAT/income tax declarations;
  • failure to pay withheld taxes;
  • improper offsetting.

Market abuse (D.Lgs. 58/1998 and Regulation EU 596/2014 — MAR):

  • insider dealing;
  • market manipulation;
  • unlawful disclosure of inside information.

Accounting and corporate offences (Articles 2621-2641 of the Italian Civil Code):

  • false corporate communications (accounting fraud);
  • improper distribution of profits;
  • obstruction of supervisory authorities.

Corporate criminal liability under D.Lgs. 231/2001

A defining feature of the Italian white-collar landscape is corporate criminal liability under D.Lgs. 231/2001. Companies face direct prosecution for offences committed by senior managers or employees in the company’s interest or to its advantage. The catalogue of predicate offences includes:

  • bribery and corruption (Articles 25 and 25-ter);
  • fraud (Article 24);
  • market abuse (Article 25-sexies);
  • money laundering (Article 25-octies);
  • corporate offences (Article 25-ter);
  • tax offences (Article 25-quinquiesdecies);
  • cybercrime (Article 24-bis);
  • environmental offences (Article 25-undecies);
  • health and safety at work (Article 25-septies);
  • smuggling and excise offences (Article 25-sexiesdecies, rewritten by D.Lgs. 141/2024);
  • transnational organised crime (Article 10 of Law 146/2006).

Sanctions include monetary fines, disqualification, confiscation of the profit and publication of the judgment. An effective modello 231 — adopted, implemented and supervised by an internal Organismo di Vigilanza — functions as a defence.

Enforcement: who investigates and prosecutes

Italian Public Prosecutor’s Offices. Particularly the offices in Rome, Milan, Naples, Turin and Palermo have specialised units handling white-collar matters. Cooperation with the Guardia di Finanza is the norm.

European Public Prosecutor’s Office (EPPO). Competent for crimes against the financial interests of the EU (cross-border VAT fraud with total damage of at least EUR 10 million, fraud against EU funds, corruption and misappropriation affecting EU funds, money laundering linked to these offences).

Banca d’Italia, CONSOB, IVASS. Sectoral supervisors with significant investigative powers; coordination with prosecutors for criminal action.

CONSOB Office of Sanctions. Distinctly active on market abuse, with administrative proceedings that can run in parallel to criminal action.

International dimension

White-collar cases routinely involve cross-border elements: multi-jurisdictional investigations, mutual legal assistance, European Arrest Warrants, extradition requests, INTERPOL Red Notices. Italian firms with international practice — like ILA — coordinate with foreign counsel for parallel proceedings, asset tracing and defence strategy across jurisdictions.

FAQ

Is white-collar crime a single offence under Italian law? No. It is a category covering several distinct offences — fraud, corruption, money laundering, accounting offences, tax offences, market abuse — under different statutes.

Can a company be prosecuted in Italy? Yes, under D.Lgs. 231/2001 for offences committed in its interest or to its advantage by senior managers or employees.

Who investigates white-collar crime in Italy? Public Prosecutor’s Offices, supported by the Guardia di Finanza and, for EU financial interests, the European Public Prosecutor’s Office (EPPO).

What is a modello 231? The organisational, management and control model that a company adopts to prevent the commission of predicate offences. If adopted and effectively implemented, it functions as a defence against corporate liability.

Are white-collar offences typically prosecuted in Italy? Yes, with active specialised units in major prosecutor offices. The trend is towards increasing focus on tax, AML and market abuse.

When to contact the firm

If you or your company face a white-collar investigation in Italy, contact the firm. Early defence support is decisive: the first 30-60 days shape the entire proceeding.

Request a confidential consultation — response within 24 hours. 24/7 emergency line available.