Being involved in an investigation for bid rigging represents a critical moment for any entrepreneur or public official, with immediate repercussions not only on personal freedom but also on corporate reputation and the ability to contract with the Public Administration. As a criminal lawyer operating in Milan, I deeply understand the sensitivity of these situations, where the line between a legitimate business strategy and criminally relevant conduct can appear thin in the eyes of investigators. Facing proceedings for crimes against the Public Administration requires rigorous technical defense, capable of analyzing every detail of the tender procedure.

The crime of disturbing the freedom of auctions: art. 353 c.p.

The crime of bid rigging, technically defined as disturbing the freedom of auctions, is governed by Article 353 of the Italian Penal Code. The provision punishes anyone who, by violence, threat, gifts, promises, collusion, or other fraudulent means, prevents or disturbs the auction in public tenders or private tenders on behalf of public administrations, or deters bidders. It is fundamental to understand that the legal interest protected is not only the assets of the public entity but, above all, free competition and the correctness of the selection procedure. The penalty provided is imprisonment from six months to five years and a fine, but the sanctions can be aggravated if the perpetrator is a person appointed by law or by the authority to conduct the auctions or tenders. Jurisprudence has clarified that this is a crime of danger: it is not necessary for the auction to be actually altered in its final outcome, but it is sufficient that conduct capable of disturbing its regular course is implemented.

The defensive approach of the Bianucci Law Firm

Defense in the area of crimes against the Public Administration requires specific expertise that goes beyond mere knowledge of the penal code, also encompassing administrative law and public procurement regulations. The approach of Avv. Marco Bianucci, an expert lawyer in corporate criminal law in Milan, is based on a meticulous analysis of investigative documents and tender documentation. Often, the prosecution relies on wiretaps or interpretations of agreements between companies (temporary grouping of companies, subcontracting) which, although lawful, are interpreted in an accusatory manner as collusive agreements.

The firm's strategy aims to demonstrate the absence of fraudulent intent, highlighting the legitimacy of the entrepreneurial choices made. Avv. Marco Bianucci works to dismantle the prosecution's case by verifying the actual existence of the contested 'fraudulent means,' an essential constituent element for the commission of the crime. In many cases, the defense focuses on demonstrating that the contested conduct did not have the concrete ability to influence the outcome of the tender or that it fell within normal market dynamics. Timely defensive intervention, right from the preliminary stages of the investigation, is often crucial for clarifying the suspect's position and limiting reputational damage.

Frequently Asked Questions

What is meant by 'fraudulent means' in bid rigging?

Fraudulent means refers to any artifice, deception, or lie used to alter the regular functioning of the tender. This includes not only falsifying documents but also secret agreements between participants (the so-called 'cartel') to decide in advance who will win the contract or to manipulate the award price, simulating competition that does not actually exist.

Does the company risk anything if the administrator is under investigation?

Yes, the risk for the entity is concrete. In addition to the personal criminal liability of the administrator, the company may be held liable for administrative offenses dependent on a crime pursuant to Legislative Decree 231/2001. This can result in heavy financial penalties and, in more serious cases, disqualifying sanctions such as the prohibition from contracting with the Public Administration, which for many companies means paralysis of their business.

Am I punishable even if the tender has not yet been awarded?

Yes, bid rigging is a crime of danger. This means that the crime is consummated when the fraudulent conduct capable of disturbing the tender is carried out, regardless of whether the objective has been achieved or whether the contract has actually been awarded. The early criminal protection serves to safeguard the correctness of the procedure itself.

What is the difference between bid rigging and corruption?

While bid rigging affects the contractor selection mechanism through fraudulent or violent means, corruption involves an illicit agreement (pactum sceleris) between a private individual and a public official who receives money or other benefits to perform an act contrary to their official duties. However, the two crimes can often concur in the same legal case.

Request a confidential legal consultation

If you are involved in proceedings for crimes against the Public Administration or fear that your company may be at risk, it is essential to act promptly. Avv. Marco Bianucci, with his experience as a criminal lawyer in Milan, is available to assess your situation and prepare the best defense strategy. We receive clients at our office at Via Alberto da Giussano, 26, ensuring maximum confidentiality and professionalism in managing your case.