News
Implementation of Framework Decision no. 2003/568/JHA, on combating corruption in the private sector
- 27/03/2017
The Council Framework Decision of 22nd July 2003, no. 2003/568/JHA, on combating corruption in the private sector, stated the general principle under which both active and passive corruption in the private sector should constitute a criminal offence in all Member States.
With regard to this, last 17th March, the Italian Council of Ministers has approved a draft Legislative Decree, implementing the Framework Decision and amending articles 2635, 2635-bis and 2635-ter of the Civil Code.
Such draft, made of 7 articles, punishes the conduct of anyone who offers or promises undue money or advantages to a person working for a private-sector entity, as well as the conduct of a person working for a private-sector entity who requests or receives undue money or advantages, in order to perform or refrain from performing any act, in breach of one’s duties.
The aforementioned person of a private-sector entity may be anyone who has a management or control position, but also anyone who has an executive office different from a management or control position.
Moreover, the draft Legislative Decree provides that where a natural person has been convicted for corruption or for instigating a conduct of corruption in the private sector, that person is temporarily prohibited from carrying on this particular or comparable business activity in a similar position or capacity (“interdizione temporanea dagli uffici direttivi delle persone giuridiche e delle imprese”).
This legislative measure is now under the scrutiny of the Senate.
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