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After more than two years, or 797 days from its submission with the signature of the then senator, Pietro Grasso , after discussions, referrals, many changes , many alterations and the controversy anti-corruption bill , arrived yesterday in the House, has become state law. It was maintained that the promise of the Minister of Justice and Prime Minister Matteo Renzi to reach the goal before the regional elections . Change and in some cases increase the penalties for crimes of false accounting , corruption by induction and the Judicial , embezzlement , only a small change on the concussion that had been unpacked with the law Severino and allowed acquittals also excellent, like that of Silvio Berlusconi in the Ruby trial. Rejected the idea of introducing the figure of the ‘ agent provocateur that so pleased the President ANAC, Raffaele Cantone. Who comments: “Step forward, areas for improvement.” Exults Senate President: “Godot has arrived. I am happy that the anti-corruption bill is now law. ” For the President of the Chamber, Laura Boldrini, “it is good news.” Celebrate the prime minister with tweet: “Anti-corruption and false accounting are the law. Almost no one believed. We do. This country change it , whatever the cost. #lavoltabuona “. ‘S Anm is “a first step”.
Here is the new false accounting: penalties of up to 3 years old
Among the most important of the classroom so the Chamber is Article 10 of the new false accounting that sends permanently in the attic the law ad personam approved by the center during the government of Silvio Berlusconi . disappear thresholds for exemption from punishment for accounting tricks less than 5% of annual or 1% dle equity. According to the approved text, the same as fired by the Senate, if the facts are mild punishment ranges from a minimum of 6 months a maximum of three years . The minor is assessed by the court, according to the nature and size of the company and with the rules or the effects of willful misconduct.
The same punishment reduced, (from 6 months to 3 years) applies in If the false accounting concerns the company that can not fail (not exceeding the limits specified in the second paragraph of Article 1 of the Bankruptcy Act). In this case, the offense is punishable on complaint (the company, its shareholders, creditors or other recipients of social communication) and not clerical. Introducing the Civil Code a new Article 2621-ter, under the anti-corruption bill provides, then, a hypothesis of non-punishment for a tenuous nature of false accounting. It’s up to the judge to assess the extent of damage caused to the company, its shareholders or creditors.
In addition to the higher penalties for false accounting and more monitoring powers for the Anti-Corruption Authority, They were also increased penalties for certain corruption offenses : in court documents, by induction, embezzlement and corruption of their own. Also in a government amendment was increased – up to a maximum of 26 – the prison because those who commit the crime of mafia association .
L ‘ Induction and corruption in judicial acts
As for the crime of corruption by induction The amendment provides that the minimum sentence of six years and is the highest of 10 years and 6 months. The original text of the Penal Code provides for a prison sentence instead of three to eight years. If you corruption in judicial acts increases the effort that goes from 4 to 10 years imprisonment at 6 and 12 years. In addition, the amendment provides that if the act results in the ‘ unjust sentence for 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 more than 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 (instead of 5 to 20).
Corruption own and embezzlement
During passage in the Judiciary Committee was also approved an amendment M5s that increases the maximum penalty – 5 to 6 years – for the crime of corruption the exercise of the function . Rising to six and ten penalties (minimum and maximum) for public officials who commit the crime of corruption own . Therefore increases the prison for the crime under Article 319 of the Criminal Code: “A public official – reads the standard 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). It also increases the maximum penalty for the embezzlement , which rose from 10 years to 10 years and six months.
Up to 26 years for criminal association
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 old . The rule 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 old (instead of 9 and 14). If the association is armed, the penalty of imprisonment from 12 to 20 years (instead of 9 to 15 years); for bosses of mafia associations armies from 15 to 26 years (instead of 12 to 20).
plea deal only with compensation
In addition, the plea bargain will be conditioned to the return “full” price or and profit from crime . It comes the obligation to pay an amount in respect of “financial compensation” equal to the amount of undue payment received by public officials or by the Distributor of the public service, in favor of the administration of belonging to the latter. For 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 provided for a reduction by a clear two-thirds of the sentence. Those who commit corruption offenses can not “contract” with the government for five years (and no longer for 3). In other words you can not sign contracts with Pa as in the case of public contract . And still: the sentences of not less than two years involving the extinction of employment or employment with the Pa and investee companies.
More powers all’Anticorruzione
Increase supervisory powers of ‘ Authority National Anti . The Anac therefore will “exercise the Watch and control on procurement contracts” segretati “in order to prevent data corruption phenomena of such contracts shall also be sent annually to ‘ Authority for the Supervision of Public Contracts “. Article 7 also provides that in the controversial issue of tacit consent to the certification of logins, the administrative judge to inform the Authority “all news” in the event of conduct “contrary to the rules of transparency.”
extended Bribery of a public service
The crime of extortion it 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 public official or a public service, abusing his or her powers, forcing someone to give or promise unduly, to him or to a person, money or other benefits, shall be punished with imprisonment from six to twelve years. “
Orlando:” Corrupt and corrupting betray the country “
The vote on the amendments – over a hundred – were resumed this morning but the Keeper had asked that these were withdrawn because the orientation of the majority and the government had to approve the text as it came out of the Senate. “Corrupt and corrupting betray the country. The new law now makes #anticorruzione stronger Italy. The government keeps the commitments “writes on Twitter Orlando . The text was approved with 280 votes in favor, 53 against, 11 abstentions. “Restitution of stolen goods, tougher penalties and certain: the law #anticorruzione confirms our commitment to fight the corrupt #senzatregua” writes in a tweet Interior Minister, Angelino Alfano .
The M5s: “Lost opportunity”
“This anti-corruption law is another missed opportunity, indeed wasted with stubborn will. Our vote against was the result of a total closure of the majority and the government. We could have the Daspi for the corrupt , a real false accounting, and a prescription which guaranteed the certainty of punishment. Also – comment on the deputies of the House Judiciary Committee – could deal a significant blow to the mafia political agreements. None of this is acceptable for those who govern Italy, and pay-abiding citizens as always. “
The ANM:” First step, now prescribing “
The law “certainly marks a different and positive approach to the issue of corruption. Now, however, it is essential to continue with organic method, also with other interventions, starting with the prescription, “says the president of the ‘ National Association of Magistrates (Anm), Rodolfo Sabelli Maria. “The new law recognizes the seriousness of the problem, providing for increased penalties. Also of relevance the sentence reduction foreseen in case of collaboration, in analogy with similar planned scheduled to fight on the organized crime . It should be also noted positively the new regulatory framework on the false accounting , which had suffered in the past a substantial decriminalization . It would have been desirable, further action: the possibility of a larger access to interceptions , environmental species, the possibility of delayed seizure, to allow the continuation of the investigations; a more incisive intervention ‘traffic of influences’ to interventions more effective contrast to private corruption. What time is desirable – he says the president ANM – is to be averted partial actions of any kind and that we proceed with a structural approach on issues to secure relief, beginning with the prescription “.
Free “positive reform but complete”
The anti-corruption bill approved in the House is “a reform that could no longer wait but to complete: more clarity for removing links between the mafia, corruption and politics “Do you know the anti-mafia association Free . It is “a text that presents positive – said in a statement – but lacking in others. Finally back to being a criminal offense to the accounting fraud without providing thresholds and the prosecution office, but would be well accept the amendment that rose up to six years the penalties for non-listed companies, to allow eavesdropping. “
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