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After nearly two years of the grant of the bill signed by Pietro Grasso in the Senate Judiciary Committee, the Anti-corruption bill was dismissed from the classroom Palazzo Madama. Now the measure will have to go to the House for second reading. Among the rules contained in the measure: penis highest for false accounting (differentiated for listed and unlisted companies) and more powers of scrutiny for the Anti-Corruption Authority. During the transition committee were also increased penalties for certain offenses corruption in Judicial , Induction , embezzlement and corruption own . But not only because a government amendment was increased – up to a maximum of 26 – the prison because those who commit the crime of criminal association.
For induction worth 6 years to 10 years and six months
Change the crime of corruption by induction. The amendment provides that the minimum sentence is 6 years old and up to 10 years and 6 months. The original text of the Penal Code provides for a prison sentence instead of three to eight years. For the crime of corruption in Judicial increases the penalty for the corruption in judicial proceedings : therefore changes from 4 to 10 years imprisonment at 6 and 12 years. In addition, the amendment provides that if the act results in the wrongful conviction of someone to imprisonment not exceeding five years, the penalty ranges from a minimum of 6 to a maximum of 14 years in prison (and not 5 to 12 ); if the conviction is more than five years or life imprisonment, the penalty of imprisonment will be from 8 to 20 years (and no more than 5 to 20).
Yes to interceptions after amendment M5s
During passage in Judiciary Committee was also approved an amendment M5s that increases the maximum penalty – 5 to 6 years – for the offense referred to in Article 318 of the Criminal Code: corruption for the exercise work-at and. The offense relates to the public official who, for the exercise of its functions or powers, improperly receives, for himself or for a third party, money or other benefits or accepts a promise. The minimum sentence remains the arrest of one year. With the increase of the maximum sentence to six years it will be possible for the court to authorize the interception of the public official concerned and is, however, excluded the tenuous nature of the fact.
The higher the penalties for bribery own
rises to six and ten penalties (minimum and maximum) for public officials who commit the crime of corruption of their own. Therefore increases the prison for the crime under Article 319 of the Criminal Code: “A public official – reads the rule as amended – that, for omitting or delaying or for having omitted or delayed an act of his office, or to perform or for having committed an act contrary to the duties of office, receives, for himself or for a third party, money or other benefit, or accepts a promise “shall be punished with imprisonment from six to ten years (instead of 4:08).
Increase the maximum penalty for embezzlement and criminal association
also increases the maximum penalty for the crime of embezzlement, which rose from 10 years to 10 years and six months. The measure also provides for tougher penalties for those who commit the crime of mafia-type association , increasing the maximum penalty of up to 26 years. The rule – introduced during the passage in Judiciary Committee – provides for those who are part of a criminal syndicate imprisonment from 10 to 15 years, instead of 7 and 12. For those, however, that “promote, manage or organize the Association “the penalty is 12 to 18 years (instead of 9:14). If the association is armed, the imprisonment from 12 to 20 years (and no longer from 9 to 15 years); for the boss of the mafia associations armed from 15 to 26 years (instead of from 12 to 20). Close for the crimes of extortion, bribery for the exercise of the function, in court documents, misappropriation and embezzlement induction: the plea agreement will be conditional on restitution “integral” of the price or profit of the offense
Here comes the ‘ obligation to pay to which the convicted for the crimes of embezzlement, extortion, bribery and embezzlement induction, a sum by way of “ financial compensation ” equal to the amount of undue payment received by the public official or by the Distributor of the public service, in favor of the administration of belonging to the latter. P
For justice collaborators increases discount worth
collaborators of justice, for corruption offenses, the discount increases the penalty : this fact will be decreased by one-third to two-thirds. The original text of the bill included a decrease by a clear Two-thirds of the sentence . Those who commit crimes of corruption can not “contract” with the government for five years (and no longer for 3). In other words shall not sign contracts with Pa as in the case of public procurement. And again, the sentences of not less than two years involving the extinction of employment or employment with Pa and investee companies.
Increased powers ANAC
Increment of supervisory powers of the National Anti-Corruption. The Anac therefore can “exercise supervision and control over contract to contracts” sealed “to prevent corruption phenomena data of such contracts shall also be sent annually to the Authority for the Supervision of Public Contracts “. Article 7 also provides that in the controversial issue of silent consent for certification logon, the administrative judge informs the Authority “all news” in the event of conduct “contrary to the rules of transparency.” In addition, an amendment of Forza Italy – received during the session – the contracting (public or private entities that decide to outsource a service) will communicate to Anac (every six months) information on the procurement (object of the notice; list of operators invited to tender; contractor; award amount, timing of completion of the work, service or supply; and the amount of the sums paid).
Pm inform Anac Startup investigations
The prosecutor, when prosecutes for offenses of bribery, corruption (own, in the exercise of the function, in judicial and istitgazione), illicit trafficking of influences, obstructing the public auction, inform the president of the Authority Anticorruption. Down the minimum sentence (from 3 to 2 years), for corruption, which triggered the extinction of the employment relationship. And the crime of extortion is extended of a public service. As required by Article 2 of the bill. In the new text of Article 317 of the Criminal Code reads: “The official or the representative of a public service, abusing his or her powers, forcing someone to give or promise unduly , to him or a third party, money or other benefits, shall be punished with imprisonment from six to twelve years. “
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