Penal Code- UT

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Offences against the Public Administration Penal Code, Book II, Title II, adj. all '09/16/2010

SECOND BOOK OF CRIMES IN PARTICULAR TITLE II Offences against the Public Administration Chapter I Crimes of public officials against the Public Administration

Article 314.

Embezzlement.

The public official or a public service, who, having by reason of his office or service the possession or at least the availability of money or other thing of others, appropriate it, shall be punished with imprisonment from three to ten years.

Applies the penalty of imprisonment from six months to three years when the offender has acted for the sole purpose of making temporary use of the thing, and this, after the momentary use, was immediately returned. _______________ See Criminal Appeal, sec. VI, judgment of 24 July 2007, n. 30154 , Criminal Appeal, sec. VI, judgment of 21 May 2008, n. 20326 , Criminal Appeal, sec. VI, judgment of 30 April 2008, n. 17616 , Criminal Appeal, sec. VI, judgment of 26 August 2008, n. 34157 , Criminal Appeal, sec. II, judgment of 15 May 2009, n. 20515 , Criminal Appeal, sec. VI, judgment of 20 May 2009, n. 21165 , Criminal Appeal, sec.

VI, judgment of 18 June 2009, n. 25541 , Supreme Court Criminal SS.UU., judgment of 6 October 2009, n. 38691 and Criminal Appeal, sec. VI, judgment of 15 January 2010, n. 1938 in Lawyer Massimario.

[Art 315.

Embezzlement individuals. ( 1 ) The public official or a public service, which appropriates or otherwise distracted, for the benefit of themselves or a third party, money or anything Mobile does not belong to government, of which he has possession by reason of his office or service, shall be punished with imprisonment from three to eight years and a fine of not less than two million lire. apply the provisions of paragraph of the preceding article.]

(1) Article repealed by art. 20 of Law 26 April 1990, n. 86.

Article 316.

Embezzlement profit by the error of others.

The public official or a public service, who, in the performance or service, benefiting the error of others, receives or feels wrongly, for himself or for a third party, money or other benefits, shall be punished with imprisonment from six months to three years.

Article 316-bis.

Embezzlement of State.

Anyone stranger to public administration, having obtained from the State or other public body or the European Community grants, subsidies or funding to support initiatives aimed at the realization of works or the performance of activities of public interest, do not use them for the above purposes, shall be punished with imprisonment from six months to four years.

Article 316-ter.

Misappropriation of funds from the State.

Unless the act constitutes an offense under Article 640-bis, anyone using or submitting false or incomplete statements or documents proving untrue things, or through the omission of required information, unjustly obtains for himself or for others, grants, loans, loans or other funds of the same type, however named, granted or issued by the State, other public bodies or the European Community shall be punished with imprisonment from six months to three years.

When the amount of tax evaded is equal to or less than â‚Ź 3999.96 applies only to administrative sanction for payment of a sum of money from â‚Ź 5,164 to â‚Ź 25,822. This sanction may not exceed three times the benefit obtained. _______________ See Criminal Appeal, sec. II, judgment of 11 December 2008, n. 45845 at Lawyer Massimario.

Article 317.

Extortion.

The public official or a public service who, abusing his position or his powers compels or induces another person to unduly give or promise to him or to a third party, money or other benefits, shall be punished with imprisonment from four to twelve years. _______________ See Criminal Appeal, sec. VI, judgment of 8 October 2007, n. 37077 , Criminal Appeal, sec. VI, judgment of 28 February 2008, n. 8907 , Criminal Appeal, sec. VI, judgment of 8 May 2008, n. 18732 , Criminal Appeal, sec. VI, judgment of 2 January 2009, n. 12 , Criminal Appeal, sec. VI, judgment of 28 January 2009, n. 3869 , Criminal Appeal, sec. VI, judgment of 3 March 2009, n. 9528 , Criminal Appeal, sec. VI, judgment of 14 April 2009, n. 15690 , Criminal Appeal, sec. VI, judgment of 19 October 2009, n. 40502 and Criminal Appeal, sec. VI, judgment of 19 July 2010, n. 28110 at Lawyer Massimario.

Article 317-bis.

Accessory penalties.

The sentence for the offense referred to in Articles 314 and 317 shall include the permanent exclusion from public office. However, if extenuating circumstances is imposed imprisonment for less than three years, the sentence being barred temporarily.

Article 318.

Bribery office.

The public official who, to commit an act of his office, receive, for himself or for a third party, money or other benefits, a wage which is not due, or accepts a promise, shall be punished with imprisonment from six months to three years.

If the public official receives a payment for an official act already performed by him, the punishment shall be imprisonment of up to one year. _______________ See Criminal Appeal, sec. VI, judgment of 18 March 2008, n. 12131 at Lawyer Massimario.

Article 319.

Bribery contrary to official duties.

A public official who, to omit or delay or for failure or delay an act of his office, or to perform or have performed an act contrary to his official duties shall receive, for himself or for a third party, money or other benefits, or accepts a promise, shall be punished with imprisonment from two to five years. _______________ See Criminal Appeal, sec. VI, judgment of 28 August 2008, n. 34415 at Lawyer Massimario.

Article 319-bis.

Aggravating circumstances.

The penalty is increased if the offense referred to in Article. 319 has as its object the provision of public service salaries or pensions, or entering into contracts in which it is concerned the authority to which the official belongs.

Article 319-ter.

Corruption in judicial proceedings.

If the acts referred to in Articles 318 and 319 are committed to favor or harm a party in a civil, criminal or administrative, the penalty of imprisonment from three to eight years.

If the act results in the unjust conviction of someone to prison not more than five years, the penalty is imprisonment from four to twelve years if it comes to the unjust prison sentence of up to five years or life imprisonment, the penalty shall be imprisonment from six to twenty years.

Article 320.

Corruption of a person charged with a public service.

The provisions of Article 319 shall also apply to the Distributor of a public service; those referred to in Article 318 shall also apply to the person in charge of a public service, when the quality of public employee.

Anyway, the penalties are reduced by not more than one third.

Article 321.

Penalties for the corruptor.

The penalties laid down in the first subparagraph of Article 318, Article 319, Article 319-bis, Art. 319ter, and Article 320 in relation to these assumptions of Articles 318 and 319 shall also apply to those who gives or promises to the public official or a public service money or other benefits.

Article 322.

Incitement to corruption.

Anyone who offers or promises money or other benefits not due to a public official or an employee of a public service that is of the quality of public employee, to induce him to commit an act of his office, is subject, where an offer or promise not is accepted, the penalty prescribed in the first paragraph of Article 318, reduced by one third.

If the offer or the promise is made to induce a public official or an employee of a public service to omit or delay an act of his office, or to do an act contrary to his duties, the offender is subject, if the offer or promise is not accepted, the penalty prescribed in Article 319, reduced by one third. punishment referred to in the first subparagraph shall apply to a public official or the Distributor of a public service that is of the quality of public employee who solicits a promise or giving of money or other benefits from a private party for the purposes specified in Article 318. punishment referred to in the second subparagraph shall apply to public official or a public service which calls for a promise or giving of money or other benefits from a private party for the purposes specified in Article 319.

Article 322-bis.

Embezzlement, extortion, bribery and attempted bribery of members of the European Communities and of officials of the European Communities and of foreign countries.

The provisions of Articles 314, 316, 317 to 320 and 322, third and fourth paragraphs, shall also apply:

1) members of the Commission of the European Communities, the European Parliament, the Court of Justice and the Court of Auditors of the European Communities , 2) to officials and other servants employed under contract in accordance with the Staff Regulations of officials of the European Communities or the Conditions of employment of other servants of the European Communities; 3) people controlled by Member States or by any public or private to the European Communities, that perform similar functions to those of officials and other servants of the European Communities; 4) to members and employees of entities constituted on the basis of the Treaties establishing the European Communities; 5) to those who, in other EU Member States European perform functions or activities equivalent to those of public officials and persons in charge of a public service.

The provisions of Articles 321 and 322, first and second paragraphs shall also apply if the money or other benefits are given, offered or promised: 1 ) persons mentioned in the first paragraph of this article; 2) Persons who perform functions or activities equivalent to those of public officials and persons in charge of a public service within other foreign States or public international organizations, if the offense is committed to procure for himself or others an unfair advantage in international business transactions or in order to obtain or retain a business finance. ( 1 ) The persons referred to in the first subparagraph shall be treated as public officials, when they perform similar functions, and those in charge of a public service in other cases.

(1) The words "or in order to obtain or retain a business financial" were added by art. 3, paragraph 1, of L. August 3, 2009, n. 116

Article 322-ter.

Confiscation.

In the case of a conviction or penalty upon the request of the parties pursuant to Article 444 of the Code of Criminal Procedure, for one of the offenses provided for in Articles 314 to 320, even if committed by persons specified in Article 322-bis the first paragraph is the confiscation of the assets that constitute the profit or price, except that belong to a person involved in the crime, or, if it is not possible, the confiscation of property, of which the offender has the availability, to a value corresponding to that.

In case of conviction, or application of the penalty under Article 444 of the Code of Criminal Procedure, for the crime provided for in Article 321, even if committed under Article 322-bis the second paragraph is the confiscation of the assets that make up the profit except that belong to a person involved in the crime, or, if it is not possible, the confiscation of property, of which the offender has the availability to a value corresponding to that of said profit and, in any case, not less than that of money or other benefits given or promised to the public official or public servants or other persons referred to in Article 322-bis, second paragraph.

In cases of where the first and second paragraphs, the judge, with the sentence, determines the amount of money or identifies the assets subject to confiscation as constituting the profit or the price of the offense or as valuable as the profit or the price of offense. _______________ See Criminal Appeal, sec. VI, judgment of 30 July 2007, n. 30966 , Criminal Appeal, sec. VI, judgment of 2 August 2007, n. 31692 , Criminal Appeal, sec. II, judgment of 29 October 2008, n. 40425 , Criminal Appeal, sec. VI, judgment of 9 April 2009, n. 15549 , Criminal Appeal, sec. I, judgment of 11 November 2009, n. 42894 , Criminal Appeal, sec. VI, judgment of 4 December 2009, n. 46830 and Criminal Appeal, sec. III, judgment of 9 December 2009, n. 46855 at Lawyer Massimario.

Article 323.

Abuse of office.

Unless the fact constitutes a more serious offense, the public official or public service we, in the performance of functions or services, in violation of laws or regulations, or by failing to abstain in the presence of an interest or that of a relative or as otherwise prescribed, intentionally procures for himself or others an unfair financial advantage or causes unjust damage to others shall be punished with imprisonment from six months to three years.

The penalty is increased when the benefit or harm are of a particularly serious. _______________ See Criminal Appeal, sec. VI, judgment of 7 November 2007, n. 40891 , Criminal Appeal, sec. VI, judgment of 21 February 2008, n. 7973 , Criminal Appeal, sec. VI, judgment of 17 June 2008, n.

24663 , Criminal Appeal, sec. VI, judgment of 19 June 2008, n. 25162 , Criminal Appeal, sec. VI, judgment of 8 July 2008, n. 27936 in Massimario Lawyer, Criminal Appeal, sec. VI, judgment of 1 October 2008, n. 37354 , Criminal Appeal, sec. VI, judgment of 25 June 2009, n. 25537 , Criminal Appeal, sec. VI, judgment of 1 July 2009, n. 26699 and Criminal Appeal, sec. VI, judgment of 8 February 2010, n. 4979 in Lawyer Massimario.

Article 323-bis. mitigating circumstance.

If the acts referred to in Articles 314, 316, 316-bis, 316-ter, 317, 318, 319, 320, 322, 322-bis and 323 are particularly slight, the penalties are reduced.

[Art 324. interest in private acts of office. ( 1 ) A public official who, directly or through an intermediary, or simulated acts, takes a personal interest in any act of public administration in which they exercise their office, shall be punished with imprisonment from six months to five years and a fine of from four million two hundred thousand pounds.]

(1) Article repealed by art. 20 of Law 26 April 1990, n. 86.

Article 325. utilization of inventions or discoveries known by reason of the office.

The public official or a public service, which uses in its own or someone else's profit, inventions or scientific discoveries, or new industrial applications, which he knows by reason of the office or service, and should remain secret, shall be punished with imprisonment from one to five years and a fine of not less than â‚Ź 516.

Article 326.

Revelation and use of intelligence office.

A public official or person in charge of a public service who, in violation of the duties related to the functions or service, or otherwise abusing its quality, reveal information office, which must remain secret, or in any way facilitates the knowledge, is punished with imprisonment from six months to three years.

If the benefit is only negligent, applies imprisonment of up to one year.

A public official or the person responsible for a public service who, for his own or others an unfair advantage sheet, unlawfully uses news office, which must remain secret, shall be punished with imprisonment from two to five years. If the offense is committed in order to procure for himself or others an unjust profit non-pecuniary or other cause undue damage, the penalty of imprisonment up to two years. _______________

See Criminal Appeal, sec. VI, judgment of 24 July 2007, n. 30148 , Criminal Appeal, sec. VI, judgment of 30 July 2007, n. 30968 , Criminal Appeal, sec. VI, judgment of 11 October 2007, n. 37559 and Criminal Appeal, sec. VI, judgment of 12 October 2009, n. 39706 at Lawyer Massimario.

[Art 327.

Excitement to disregard and contempt for the institutions, laws or acts of authority. ( 1 ) A public official who, in the exercise of its functions, to excite contempt or failure of the institutions of the law, the provisions of the authority or duties inherent in a public office or service, that makes the apology of facts contrary to the laws , or the provisions of the aforementioned duties, shall be punished, when the fact is not expected as a crime by a particular provision of the law with imprisonment up to one year or a fine of up to four hundred thousand pounds.

The foregoing provision shall not apply to the public employee in charge of a public service, and the minister of a cult.]

(1) Article repealed by art. 18 of Law 25 June 1999, n. 205 .

Article 328.

Refusal of official acts. Omission.

The public official or a public service who wrongly refuses an act of his office, for reasons of justice or public safety, or public order or health and hygiene, must be done without delay, shall be punished with imprisonment from six months to two years.

Apart from the cases provided for in the first subparagraph, the public official or a public service, within thirty days of the request of an interested party does not make the act of his office and responds to expose the reasons for the delay, shall be punished with imprisonment up to one year or a fine of up to â‚Ź 1,032. This request must be made in writing and within thirty days begins after receipt of the request. _______________ See Criminal Appeal, sec. VI, judgment of 15 September 2008, no. 35344 , Criminal Appeal, sec. VI, judgment of 30 December 2008, n. 48379 and Criminal Appeal, sec. VI, judgment of 3 December 2009, n. 46512 at Lawyer Massimario.

Article 329.

Refusal or delay obedience committed by military or by an agent of the police.

The military or agent of the police, who refuses or unduly delays to make a request made to him by the competent authority in the manner prescribed by law, shall be punished with imprisonment up to two years. _______________ See Criminal Appeal, sec. VI, judgment of 28 September 2009, no. 38119 at Lawyer Massimario.

[Art 330.

Abandonment collective public office, employment, service or business ( 1 ) Public officials, those in charge of a public service with the quality of employees, individuals engaged in public services or public necessity, not organized into companies, and employees of public utilities or public necessity, which, in many three or more, collectively leaving office, employment, service or work, or lend them to disturb the continuity or regularity, shall be punished with imprisonment up to two years. leaders, promoters or organizers are punished with imprisonment from two to five years.

Penalties are increased if the offense: 1) it is committed to a political end; 2) resulted in demonstrations, riots or civil commotion.]

(1) Article repealed by art. 11 of Law 12 June 1990, n. 146.

Article 331.

Stopping a public service or public necessity.

Who, exercising public utilities or public necessity, stop the service, or suspend the work in its factories, offices or companies, so as to disturb the regularity of service, shall be punished with imprisonment from six months to a year and a fine of not less than â‚Ź 516. leaders, promoters and organizers shall be punished with imprisonment from three to seven years and a fine of not less than â‚Ź 3,098.

Applies the layout of the last paragraph of the preceding article.

[Art 332.

Omission of official duties during abandonment of a public office or interruption of a public service. ( 1) A public official or a public officer or public necessity, that, at some of the offenses punishable by two previous articles, which did not take part, refuses or fails to strive for the restoration of service to which it is assigned or responsible, or to do what is necessary for the continuation of the regular service, shall be punished by a fine of up to one million pounds.]

(1) Article repealed by art. 18 of Law 25 June 1999, n. 205 .

[Art 333. individual Abandonment of a public office, service or business. ( 1 ) A public official, the clerk in charge of a public service, the private holding a public service or public need not organized in a company, or dependent on public utilities or public necessity, which leaves the office, service or work, in order to disrupt the continuity or regularity, shall be punished with imprisonment up to six months or a fine of up to one million pounds.

The same penalty also applies to those who, for the purpose stated above, without leave the office or work lends them to disturb the continuity or regularity.

The penalty is increased if the act causes harm public or private.]

(1) Article repealed by art. 11 of Law 12 June 1990, n. 146.

Article 334.

Subtraction of or damage to things subject to seizure ordered in the course of criminal proceedings or administrative authorities.

Anyone who removes, destroys, destroys, or disperses deteriorates something subject to seizure ordered in the course of criminal proceedings or the administrative authority entrusted to his care, for the sole purpose of facilitating the owner thereof, shall be punished with imprisonment from six months to three years and a fine ranging from € 51 to € 516. apply imprisonment from three months to two years and a fine ranging from € 30 to € 309 if the removal, the removal, destruction, loss or damage was committed by the owner of the thing entrusted to his care. punishment is imprisonment from one month to one year and a fine of up to € 309, if the offense is committed by the owner of the thing itself, it entrusted to his care.

See Criminal Appeal, sec. VI, judgment of 1 October 2007, n. 44287 , the Court of Torre Annunziata, judgment 9 November 2007 and Criminal Appeal, sec. VI, judgment of 15 January 2008, n. 2168 in Lawyer Massimario.

Article 335.

Violation negligence of duties relating to the care of things subject to seizure ordered in the course of criminal proceedings or administrative authorities.

Anyone having custody of a thing subject to seizure provided in the course of a criminal or administrative authority, because it causes the destruction or loss, or facilitates the removal or suppression, shall be punished with imprisonment up to six months or a fine of up to â‚Ź 309.

Article 335-bis.

Provisions assets.

Without prejudice to Article 322-ter, in the case of conviction for offenses under this Chapter is still the confiscation even in the case provided for in Article 240, first paragraph.

Chapter II Crimes by individuals against the public administration

Article 336. violence or threat to a public official.

Anyone who uses violence or threat to a public official or an employee of a public service, to force him to do an act contrary to his duties, or omit an act of office or service, shall be punished with imprisonment from six months to five years. punishment shall be imprisonment of up to three years if the offense is committed in order to force any of the aforementioned persons to commit an act of his office or service, or to influence, however, on it.

Article 337. resistance to a public official.

Anyone who uses violence or threatens to oppose a public official or an employee of a public service, while performing an official act or service, or those who requested, assist, shall be punished with imprisonment from six months five years. _______________ See Court of Appeal of Milan, sect. II, judgment of 19 June 2007 and the Court of Naples, sect. I, judgment of 12 October 2007 in Lawyer Massimario.

Article 337-bis.

Hiding, custody or alteration of transport.

Anyone who guard hidden or transportation of any kind with respect to the characteristics approved, have been altered or modified or technical arrangements such as to constitute a danger to the physical safety of police officers, shall be punished with imprisonment from two to five years and fine ranging from â‚Ź 2,582 to â‚Ź 10,329.

The same punishment as referred to in the first subparagraph shall apply to any person alters transport operating changes or technical arrangements such as to constitute danger to the physical safety of police officers.

If the offender is the owner of license or permit or license or other equivalent qualifying activity, the guilty revocation of the license which authorizes the same activities.

(1) Article inserted by. 4 of L. March 19, 2001, n. 92

Article 338. violence or threat to the body politic, administrative or judicial.

Anyone who uses violence or threats to the body politic, administrative or judicial, or a representation of it, or any public authority established in college, to prevent, in whole or in part, even temporarily, or to disturb the task anyway, is punished with imprisonment from one to seven years.

The same punishment who commits the act to influence collegial deliberations companies carrying out public services or public necessity, if such measures have as their object the organization or the performance of services.

Article 339.

Aggravating circumstances.

The penalties laid down in the three preceding articles shall be increased if violence or threat is committed with weapons, or by a person misrepresented, or more persons, or with anonymous writing, or in a symbolic way, or availing the intimidating power resulting from secret associations existing or suppositories.

If violence or threat is committed by more than five people together, even if only by the use of weapons by one of them, or more than ten people, without use of weapons, the penalty is in the cases provided for by the first part of Article 336 and Articles 337 and 338, imprisonment of three to fifteen years and, in the case provided by paragraph of Article 336, imprisonment from two to eight years.

Provisions in the second subparagraph shall also apply, unless the fact constitutes a more serious offense, if violence or the threat of being committed by the launch or the use of blunt instruments or other objects likely to offend, including fireworks, so creating a hazard to persons.

Article 340.

Stopping an office or public service or a service of public necessity.

Whoever, apart from the cases provided for by specific provisions of the law causes a break or disturb the regularity of an office or public service or a service of public necessity shall be punished with imprisonment up to one year. leaders promoters or organizers are punished with imprisonment from one to five years. _______________ See Criminal Cassation, sez. II, judgment of 20 September 2007, no. 35178 and the Court of Montepulciano, judgment of 20 February 2009, n. 74 Lawyer in Massimario.

[Art 341.

Outrage to a public official. ( 1 ) Anyone who offends the honor or reputation of a public official, in his presence, and due or in the exercise of his functions, shall be punished with imprisonment from six months to two years.

The same penalty applies to anyone who commits the act by telegraph or telephone, or by writing or drawing directly to the officer, and because of its functions. punishment is imprisonment from one to three years, if the offense is the allocation of a given fact.

Penalties are increased when the offense is committed with violence or threat, or when the offense went in the presence of one or more persons.]

(1) Article repealed by art. 18 of Law 25 June 1999, n. 205 .

Article 341-bis.

Outrage public officials. ( 1 ) Whoever, in a public place or place open to the public and in the presence of several people, offends the honor and prestige of a public official while performing an official act and because of or in the exercise of his duties shall be punished by imprisonment of up three years.

The penalty is increased if the offense is the allocation of a given fact. If the truth of the fact is proven or if the officer to whom it is attributed to the fact is sentenced after the award of the same fact, the author of the offense is not punishable.

Where the accused before the court, has fully repaired the damage, it is through compensation against the person offense is against the establishment to which it belongs, the offense is extinguished.

(1) This article was the above article. 342 Art. 1, paragraph 8, of L. July 15, 2009, n. 94th

Article 342.

Outrage at a political, administrative or judicial.

Anyone who offends the honor or prestige of a political, administrative or judicial, or a representation of it, or a public authority constituted in college, in front of the body, or the representation of the College, shall be punished with the fine ranging from € 1,000 to € 5,000. ( 1 ) The same penalty applies to anyone who commits the act by telegraph, or by writing or drawing directly to the body, representation or college, because of its functions.

The penalty is a fine of € 2,000 to € 6,000 ( 2 ) if the offense is the allocation of a given fact.

Applies the disposition of the last paragraph of the preceding article.

(1) The words " with imprisonment up to three years "have been replaced by art. 11, paragraph 3, letter. a) of L. February 24, 2006, n. 85 (2) The words " shall be imprisonment from one to four years "have been replaced 11, paragraph 3, letter. b) L. February 24, 2006, n. 85th

Article 343.

Outrage to a judge at the hearing.

Anyone who offends the honor or prestige of a judge at the hearing shall be punished with imprisonment up to three years.

punishment is imprisonment from two to five years if the offense is the allocation of a given fact.

Penalties are increased if the offense is committed with violence or threat.

[Art 344.

Outrage to a public employee. ( 1 ) The provisions of Article 341 shall also apply in cases where the offense went to a public employee who pays a public service, but the penalties are reduced by a third.]

(1) Article repealed by art. 18 of L. June 25, 1999, n. 205 .

Article 345.

Offended authority by damage to billboards.

Whoever, contempt for authority, removes, torn, or otherwise make illegible or otherwise unusable writings or drawings exhibited or displayed to the public by order of the same, shall be punished with fine from € 103 to € 619 .

Article 346. false pretenses.

Anyone bragging credit from a public official or a public employee in a public service that pays, receives or makes a promise or give to himself or others, money or other benefits, such as cost of his mediation to the public official or employee shall be punished with imprisonment from one to five years and a fine of € 309 to € 2,065. punishment is imprisonment from two to six years and a fine of € 516 to € 3,098 if the offender receives or is given or promise, for themselves or for others, money or other benefits under the pretext of having to buy the favor of a public official or employee, or have to remunerate.

Article 347.

Usurpation of public functions.

Anyone who usurps a public office or the privileges of a public use shall be punished with imprisonment up to two years.

The same penalty is a public official or employee who, having received participation measure that could stop or suspend its functions or its powers, continues to pursue them.

The sentence the publication of the Criminal sentenza.Codice

Article 348.

Abusive exercise of a profession.

Anyone who unlawfully participates in a profession for which is required a special authorization of the State, shall be punished with imprisonment up to six months or a fine of € 103 to € 516. _______________ See Criminal Appeal, sec. VI, judgment of 6 September 2007, n. 34200 , Criminal Appeal, sec. IV, judgment of 3 June 2008, n. 22144 and Criminal Appeal, sec. IV, judgment of 30 January 2009, n.

4294 in Lawyer Massimario.

Article 349.

Violation seals.

Anyone who violates the seals, for provision of the law or by order of affixed in order to ensure conservation, the identity of a thing, shall be punished with imprisonment from six months to three years and a fine of € 103 to € 1032 If the offender is the person who has custody of the thing, the penalty shall be imprisonment from three to five years and a fine of € 309 to € 3,098. _______________ See Criminal Appeal, sec. III, judgment of 17 January 2008, n. 2461 in Lawyer Massimario. See also Simone Marani, administrative Fermo: guardian uses the car? It 'breaking of the seals , known in Cass. Pen., Sec. III sent. July 18, 2012, n. 28979 .

Article 350.

Facilitation negligence.

If the breaking of the seals is made possible, or at least facilitated, because of who has custody of the thing, he is liable to a fine of between € 154 to € 929.

Article 351.

Violation of public housing property.

Anyone who removes, destroys, destroys, or disperses deteriorating physical evidence, records, documents, or other movable thing particularly kept in a public office, or to a public officer or employee who pays a public service, shall be punished, if the fact constitutes a more serious crime, with imprisonment from one to five years. Penal Code

Article 352. sale of printed matter which you ordered the seizure.

Anyone who sells, distributes or put up in a public place or open to the public, writings or drawings, of which the authorities ordered the seizure, shall be punished with fine from € 103 to € 619.

Article 353.

Obstructing of.

Whoever, by force or threat, or by gifts, promises, collusion, or other fraudulent means, prevents or disturbs the race in public auctions or restricted tendering on behalf of government, or whether it away bidders, shall be punished with imprisonment from six months to five years ( 1 ) and a fine of € 103 to € 1,032.

If the offender is a person responsible by law or by the charms or bids above, the imprisonment shall be from one to five years and a fine of € 516 to € 2,065.

Penalties set forth in this Article shall also apply in the case of restricted tendering on behalf of individuals, led by a public official or other person legally authorized, but are reduced by half.

(1) The words " up to two years "have been replaced by art. 9 of l. August 13, 2010 n. 136

Article 353-bis.

Obstructing the procedure for selecting the contractor ( 1 ) Unless the act constitutes a more serious offense, whoever by force or threat, or by gifts, promises, collusion, or other fraudulent means, disturbs the administrative procedure intended to determine the content of the notice or other document equivalent to condition the mode choice of the contractor by the government shall be punished with imprisonment from six months to five years and a fine of € 103 to € 1032 (1) Article added by art. 10 of l. August 13, 2010 n. 136

Article 354.

Abstention by the charms.

Anyone for money, given or promised to him or to others, or for other benefits to him or any other data or promise, fails to contribute to the charms or bids indicated in the preceding article shall be punished with imprisonment up to six months or a fine of up to € 516.

Article 355.

Failure of public supply contracts.

Anyone not fulfilling its obligations under a contract concluded with the State or another public body, or with a company operator public services or public necessity, is missing, in whole or in part, things or works, which are necessary for a plant to a public or public service, shall be punished with imprisonment from six months to three years and a fine of not less than € 103.

The penalty is increased if the supply concerns: 1) food substances or medicinal products or things or works intended for communications by land, water or air, or the telegraph or telephone; 2) things or works intended for fitting to or equipping of the armed forces of the State; 3) things or works for to address a common danger or a public injury.

If the offense is committed for negligence, applies imprisonment of up to one year or a fine ranging from € 51 to € 2,065.

The same provisions apply to subcontractors, intermediaries and representatives of suppliers, when they, in violation of their contractual obligations, they did not miss the delivery.

Article 356. fraud in public supplies.

A person who commits fraud in the execution of contracts for the supply or fulfillment of other contractual obligations indicated in the preceding article shall be punished with imprisonment from one to five years and a fine of not less than € 1,032.

The penalty is increased in cases punishable by the first paragraph of the preceding article.

Chapter III Provisions common to Chapters previous

Article 357. notion of a public official.

For the purposes of criminal law, public officials are persons who perform a public legislative, judicial or administrative.

To the same effect is the administrative function governed by public law and authoritative acts and characterized by the formation and manifestation of the will of the public administration or his place by a public authority or certification.

Article 358.

Meaning the person in charge of a public service.

For the purposes of criminal law, are responsible for a public service those who, for whatever reason, provide a public service. intended for public service is an activity regulated in the same way as the public function, but characterized by the lack of powers typical of the latter, and excluding the performance of simple tasks of order and the provision of merely material.

Article 359.

Persons operators a necessary public service.

For the purposes of criminal law, are people who have a necessary public service: 1) individuals who exercise legal professions or health, or other professions whose practice is prohibited by law without a special authorization of the State, when the work of these the public is obliged by law to make use of; 2) individuals who did not exercise a public function, or paying a public service, fulfill a necessary public service declared by an act of public administration.

Article 360.

Termination of as a public official.

When the law considers as a public official or employee of a public service, or operator of an essential public service, as a constituent element or as an aggravating circumstance of a crime, the termination of such quality, at a time when the offense is committed, does not exclude the existence of this aggravating circumstance or if the act refers office or department exercised.