Corruption is a complex and multifaceted crime that plays a central role in Italian criminal law. This article aims to provide a detailed analysis of the different forms of corruption, with particular attention to own, improper, and passive corruption.
Own corruption occurs when a public official receives or accepts a promise of money or other benefits in exchange for performing an act contrary to their official duties. This type of corruption is particularly serious as it undermines the integrity of public function and erodes citizens' trust in institutions.
"Own corruption is a direct attack on the justice and fairness of public function."
While own corruption involves acts contrary to official duties, improper corruption refers to situations where the public official receives a benefit to perform an act that, although within their competencies, would not be due in the absence of that benefit. In other words, improper corruption concerns acts that, by their nature, are not contrary to official duties but are nonetheless tainted by the acceptance of an illicit advantage.
Passive corruption occurs when a public official accepts or receives, for themselves or for a third party, money or other benefits for omitting or delaying an act of their office or for performing an act contrary to their official duties. This type of corruption is characterized by the passivity of the public official who, while not initiating the corrupt act, accepts the benefits thereof.
The legal consequences of corruption are severe and include criminal penalties that can range from fines to imprisonment. Additionally, the involved public official may be subject to dismissal or suspension from service, as well as disqualification from public office.
Preventing corruption requires a multifactorial approach that involves both the public and private sectors. Some effective strategies include:
Understanding the dynamics of corruption is essential to combat this phenomenon that threatens the integrity of public institutions. If you would like to learn more or need legal advice on corruption matters, do not hesitate to contact the Bianucci Law Firm. Our team of experts is at your disposal to provide you with personalized assistance.