On 30 March 2017, Legislative Decree No. 38/2017, related to the fight against bribery and corruption in the private sector has been approved. This piece of legislation extends the range of active subjects committing the offence as detailed in art. 2635 of the civil code, including – in addition to those that hold actual key management and control roles within the company – all those that carry out any management function. In addition, the conducts that may be subjected to penalties are expanded, including, among others (I) mere solicitation of undue money and other benefits by company employees as well as (ii) the offer of undue money or other benefit by an external subject to the company employees so that they may carry out violations or omit to carry out acts according to the obligations of their office or loyalty obligations. The decree also amended the text of Law Decree No. 231/2001, amending letter s-bis of art. 25-ter, paragraph 1. Specifically (I) monetary fines already established for the predicate offence of “Corruption between private parties” have been increased, ranging now from a minimum of 400 up to a maximum of 600 units; and (ii) the predicate offence of “incitement to corruption between private parties” has been introduced. In this case, monetary fines range from 200 up to a maximum of 400 units. In both cases, in addition, disqualification penalties shall apply. Therefore, the management and control models already implemented will have to be updated in order not to fall under the aforementioned penalties.
