Anti-Corruption: yes to false accounting for non-listed companies, five years … – The Republic

Rome – Ok of the Senate rules concerning false accounting for unlisted companies. The assembly of Palazzo Madama approved by secret ballot, Article 8 of the anti-corruption bill with 124 votes in favor (against 184 will instead ensure that Article 10 of the companies on the stock market), 74 against and 43 abstentions. Provides that “the directors, general managers, managers responsible for preparing the company’s financial reports, auditors and liquidators who, in order to obtain for themselves or others an unjust profit, financial statements, reports or other communications social to the shareholders or to the public, provided by law, knowingly material facts relevant untrue or omit material facts relevant the disclosure of which is required by law on the economic, equity or financial situation of the company or the group to which it belongs so in fact capable to induce others in error, shall be punished with imprisonment of one to five years. “

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False accounting and interceptions. The same punishment, says the article adopted unchanged from the classroom to the text released by the commission, “he applies even if the false statements or omissions relating to assets held or administered by the company on behalf of third parties. ” Had previously been rejected amendments 8319 and 8320 (presented by Sel and Felice Casson of the Democratic Party) which proposed to settle the penalty for false accounting for non-listed companies from two to six years, instead of five. Withdrew the amendment next (before signing Giuseppe Lumia Pd) with the same content. The amendment would make possible the use of wiretaps.

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Before secret vote on Article 8 Peppe De Cristofaro of Sel announced classroom abstention explaining that “false accounting deserved a very different setting and not a compromise downward “. Vote against Forza Italy, expressed by Senator Giacomo Caliendo , who spoke of an “article unconstitutional” and a “standard propaganda” of the government.

The vote in evening. It ‘resumed this morning, in the Senate, the examination of the bill. The assembly of Palazzo Madama yesterday approved the first seven articles of the measure. In today’s session will be addressed also nodes that relate to the so-called ‘DASPO’ for the corrupt, proposed by an amendment tabled by the M5s, yesterday shelved. The final vote of the bill is scheduled for tonight. Explanations of vote, so he decided the conference of leaders, will begin at 18.

Penalties for minor events. To follow, the hall of the Senate approved, also by secret ballot, Article 9 of the anti-corruption bill that establishes penalties for companies on ‘made of mild entity’ in case of false company. The green light came with 146 yes, 95 no and 8 abstentions. Expected punishment from six months to three years if the facts are, in fact, minor “given the nature and size of the company and of the manner or the effects of the conduct.”
Listed companies: up 8 years. The classroom has approved with 182 yes, 85 no and 48 abstentions Article 10 of the bill on anti-corruption, false accounting for listed companies. The rule, which rewrites the article 2622 of the Civil Code provides for imprisonment from three to eight years. The article was approved without changes to the text released by the Senate Judiciary Committee.

Sanctions higher. Go ahead with 205 yes, 56 no and one abstained, including all ‘Article 11 of the anti-corruption bill that completes the package of rules on false accounting and regards the penalty for the administrative responsibility that becomes more severe for all companies: up to 600 shares to pay. In detail: the crime of false corporate communications provided for in Article 2621 of the Civil Code (relating to unlisted companies) the financial penalty of two hundred to four hundred shares; for the crime of false corporate communications required by Article 2621-bis of the Civil Code (on the tenuous nature of the fact for unlisted companies), a fine of one hundred to two hundred shares; for the crime of false corporate communications provided for in Article 2622 of the Civil Code (relating to listed companies, a fine of four hundred to six hundred shares.

Majority at risk. In the meantime, on Twitter Sen. Lorenzo Baptist writes that “on a secret vote to amendment, 115 in favor, 116 against, 2 abstentions, passed by one vote majority opinion.” On Amendment in 8316 before signing Caliendo Force Italy (“the comm 1, para ‘art. 2621′, the first paragraph after the words: ‘untrue’ insert the following: ‘still subject to evaluation”) calling for a change in the accounting fraud – with its opposition government and secret vote – the majority has threatened to go under. I no were 116 and 115. Summing yes even abstentions, that the Senate would amount to no, the majority held by just three votes.

Many absences in Forza Italy. The majority held by a hair on some votes. The amendment to 10,311 before signing Caliendo calling for a change in the accounting fraud was rejected by five votes only votes in the Senate. Many absences in the pews blue. In mission senators Amoruso, and Scilipoti Villari; did not vote Bonfrisco, Cardiello, Fazzone, Floris, Galimberti, Ghedini, Minzolini and Verdini. Same situation on Article 10: four votes of difference. The bill is in the final stages of voting. E ‘approved the new offense of false accounting with only three votes of difference. The 5 Star Movement, among others, denounced the pianists and the controversy broke out after the senator Ciampolillo accused the senator of Aracri Fi to have voted for Lucius Tarquinius, absent at the time of voting. The President of Palazzo Madama withdrew the card, then responding to grillini: “If you want to throw it in the racket …”.

The complaint: “Vote distorted by the pianists.” “The law sull’anticorruzione is distorted by the vote of pianists who speak to absent senators and the president Grasso does not cancel the vote.” The complaint comes from the leader of the Movement 5 stars for the Senate Judiciary Committee, Enrico Cappelletti. “Many amendments also approved improvements are not on the cutting edge to 1-3 votes. The M5s has already discovered a ‘pianist’ who voted for Senator Tarquini (Forza Italy) absent in the classroom, but in the face of allegations of M5s, Fat does not cancel the vote clearly irregular “complaint Cappelletti. “It ‘s absurd, a total paradox. Voting is a law that would counter the lawlessness that is distorted by the irregularity of the vote on the amendments. Like if you want to combat theft and are ignored complaints punctual who identifies the thieves.”