Facing criminal proceedings for offenses against the Public Administration represents a complex and delicate challenge, especially in light of recent legislative reforms that have profoundly modified the criminal code. If you find yourself involved in investigations related to cases of fraudulent misrepresentation of credit or trafficking in illicit influence, it is understandable to feel disoriented by an evolving regulatory framework. As a criminal lawyer in Milan, Avv. Marco Bianucci understands the impact such accusations can have on the reputation and professional life of his clients. The firm's objective is to provide a clear legal compass to navigate these complexities, ensuring rigorous and precise technical defense.

From the Repeal of Fraudulent Misrepresentation of Credit to Trafficking in Influence

The Italian legal landscape has undergone a significant turning point with Law no. 3/2019, known as the 'Spazzacorrotti' law. This reform formally repealed Article 346 of the Criminal Code, which governed the offense of fraudulent misrepresentation of credit. However, the repeal did not lead to the decriminalization of these conducts: they have been absorbed and reformulated within Article 346-bis, namely trafficking in illicit influence. In the past, fraudulent misrepresentation of credit punished those who, boasting an influence (real or simulated) with a public official, obtained money under the pretext of having to bribe or remunerate them. Today, the distinction between someone who claims non-existent credit (boasting) and someone who exercises real influence has become more subtle, with direct consequences on the defensive strategy to be adopted.

The regulatory amendment has introduced an increase in penalties and has extended punishability also to private individuals who pay or promise money, a figure who in the old fraudulent misrepresentation of credit was often considered the injured party (victim of deception). This radical change implies that conducts previously considered fraud or simple boasting now fall within a more serious criminal offense, which aims to punish the illicit agreement upstream. Understanding whether the alleged act falls under the old or new legislation, and analyzing the succession of criminal laws over time, is fundamental to establishing the correct defense line, given that the criminal law most favorable to the offender must always prevail.

The Approach of Bianucci Law Firm in Criminal Defense

Avv. Marco Bianucci, an expert lawyer in criminal law in Milan, handles cases of offenses against the Public Administration with an analytical and strategic approach. The defense is not limited to a generic challenge of the accusations but delves into the technical details of the legal qualification of the act. In the transition from fraudulent misrepresentation of credit to trafficking in illicit influence, the firm carefully assesses whether there has been normative continuity or if, for the specific case, the absence of the offense can be argued based on the principles of non-retroactivity of unfavorable criminal law. Each file is studied to identify the evidentiary nuances that distinguish simple boasting, criminally irrelevant or classifiable as fraud, from actual trafficking in illicit influence.

The defense strategy of Bianucci Law Firm focuses on the rigorous verification of the psychological element of the offense (intent) and the materiality of the conduct. Being assisted by a lawyer with consolidated experience in offenses against the Public Administration means having a professional who knows how to interact with the Public Prosecutor's Office and the Court of Milan, highlighting the critical issues of the prosecution's case. The primary objective is to protect the client's position, whether they are a private citizen or a public official, through defensive investigations aimed at demonstrating the absence of corrupt agreements or the lack of offensiveness of the alleged conduct.

Frequently Asked Questions

Does the offense of fraudulent misrepresentation of credit still exist?

Formally, Article 346 of the Criminal Code (fraudulent misrepresentation of credit) has been repealed by Law 3/2019. However, the conducts that previously fell under this offense have not become lawful but have, in most cases, merged into the offense of trafficking in illicit influence (Art. 346-bis of the Criminal Code). It is essential to evaluate the date of the committed offense on a case-by-case basis to understand which legislation applies.

What are the risks for someone who pays to obtain a favor from the Public Administration?

With the new wording of trafficking in illicit influence, even the private individual who gives or promises money or other benefits to exploit relationships with a public official is punishable. Unlike the old fraudulent misrepresentation of credit, where the payer was often seen as the victim of deception, today they risk a severe criminal conviction, treated in many aspects the same as the intermediary.

What is the difference between fraud and trafficking in illicit influence?

The dividing line is subtle and depends on jurisprudence. If the individual claims an entirely non-existent influence and has no possibility of contacting the public official, deceiving the other party solely to obtain money, the defense may aim for a reclassification of the act as fraud, which carries different penalties and requires a complaint to proceed. A lawyer experienced in criminal law will be able to assess whether the prerequisites for this strategy exist.

Why contact a criminal lawyer in Milan for these offenses?

Milan is a hub for economic and administrative activity, and local courts have developed specific jurisprudence on offenses against the Public Administration. Entrusting yourself to Avv. Marco Bianucci means having a professional by your side who knows the procedural dynamics of the Milanese forum and possesses the necessary technical updates to address the complexities of the 'Spazzacorrotti' reform.

Request a Case Evaluation

If you are involved in proceedings for offenses against the Public Administration or fear you might be, promptness is a crucial factor. Do not let regulatory uncertainty compromise your position. Contact Avv. Marco Bianucci for a confidential and in-depth consultation at his Milan office. Together, we will analyze the details of your situation to build the best possible defense strategy.