News
Public procurement: the obligation to declare criminal convictions does not include convictions for offenses declared extinct
- 12/08/2019
The TAR of Molise, with Judgement no. 259 of May 16, 2019 stated on the issue of the causes of exclusion from tendering procedures in case of offences declared extinct. The Administrative judges clarified that in public procurement procedures, candidates are not required to declare any convictions relating to offenses declared extinct, as per art. 80 paragraph 3 of Legislative Decree No. 50/2016, that expressly provides that the exclusion from the tendering procedure cannot take place in case of conviction for offences declared extinct. In fact, the extinguishing effect deprives the contracting authority of the power to appreciate the incidence of the criminal offence for the purposes of participation.
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