Rules for the prevention and suppression of corruption and illegality in public administration

Page 1

12/04/2013

Ministry of Interior - Legislation

Ministry of the Interior Legislation Public administration Law of 6 Nov em ber 2012, n. 190 Rules for the prevention and suppression of corruption and illegality in public administration The Chamber of Deputies and the Senate have approved; THE PRESIDENT OF THE REPUBLIC promulgates the following law:

Article 1 Provisions for the prevention and suppression of corruption and lawlessness in the public administration

1. In implementation of Article 6 of the Convention of the United Nations Convention against Corruption, adopted by the UN General Assembly 31 October 2003 and ratified in accordance with the law 3 August 2009, n. 116, and Articles 20 and 21 of the Criminal Law Convention on Corruption, signed in Strasbourg on 27 January 1999, and ratified in accordance with Law 28 June 2012, 110, this law defines, at national level, the National Anti-Corruption Authority and other bodies responsible for carrying out, in such a way as to ensure co-ordinated action, control activities, the prevention and combating of corruption and illegality in public administration. 2. The Commission for the evaluation, transparency and integrity of public authorities, pursuant to Article 13 of Legislative Decree 27 October 2009, 150, as amended, hereinafter referred to as 'the Commission', operates as a National Anti-Corruption Authority, pursuant to paragraph 1 of this Article. In particular, the Commission: a) works with joint foreign organisms, with regional organizations and international bodies; b) approve the National Anti-Corruption Plan prepared by the Department of Public Service, referred to in paragraph 4, letter c), c) analyzes causes and drivers of corruption and identifies interventions that can help prevent and contrast d) expresses opinions optional to the state organs and all public authorities referred to in Article 1, paragraph 2, of Legislative Decree 30 March 2001 , 165, as amended, regarding compliance of acts and conduct of public officials to the law, codes of conduct and contracts, collective and individual, regulating the employment relationship public e) expresses opinions on optional authorizations referred to in Article 53 of Legislative Decree 30 March 2001 165, as amended, for the conduct of external mandates by the administrative leaders of the state and national public bodies, with particular reference to the application of subsection 16 ter, introduced by paragraph 42, letter l) of this Article; f) exercise supervision and control on the actual application and effectiveness of the measures taken by the government in accordance with paragraphs 4 and 5 of this Article and the compliance with the rules on the transparency of administration referred to in paragraphs 15 to 36 of this Article and the other provisions in force; g) report to Parliament, presenting a report by 31 December of each year, on the activity of dealing with corruption and illegality in public administration and effectiveness of the provisions in force. 3. For the exercise of the functions referred to in paragraph 2, letter f), the Commission shall exercise powers of inspection by request of news, information, records and documents to public administrations, and order the adoption of acts or measures required by the plans referred to in paragraphs 4 and 5 of this Article and the rules on the transparency of administration referred to in paragraphs 15 to 36 of this Article and the other provisions in force, ie the removal of any www.interno.gov.it/mininterno/site/it/sezioni/servizi/legislazione/pubblica_amministrazione/2012_11_15_L06112012_n190_anticorruzione.html

1/14


12/04/2013

Ministry of Interior - Legislation

conduct or any act contrary to the plans and transparency rules mentioned. The Commission and the administrations concerned must disclose in their respective institutional websites, of the measures taken pursuant to this paragraph. 4. The Department of Public Service, also according to guidelines adopted by the Inter-Ministerial Committee set up and governed by decree of the President of the Council of Ministers: a) coordinate the implementation of strategies to prevent and combat corruption and illegality in public administration elaborated national and international level; b) promotes and defines standards and methodologies for the prevention of corruption, consistent with the policies, programs and international projects c) prepare the National Anti-Corruption Plan, in order to ensure the coordinated implementation of the measures referred to in point a), d) defines the standard models of the information and data necessary for the achievement of the objectives of this law, in ways that both their management and computerized analysis, e) establish criteria to ensure the rotation of the leaders in the sectors particularly exposed to corruption and measures to avoid overlapping of functions and interlocking directorships names in chief public managers, including external. 5. The central public administrations define and transmit to the Department of Public Administration: a) a plan for the prevention of corruption that provides an assessment of the different exposure levels of the offices to the risk of corruption and indicates organizational changes designed to prevent the same risk, b) appropriate procedures for selecting and training, in collaboration with the School of Public Administration, employees called to work in sectors particularly exposed to corruption, providing, in the same fields, the rotation of managers and executives. 6. For the preparation of the plan for the prevention of corruption, the prefect, on request, provide the necessary technical support and information to local authorities, in order to ensure that the plans are formulated and adopted in accordance with the guidelines contained in the National Plan approved by the Commission. 7. To this end, the organ of political identifies, usually between the managing directors of the role of the first band in the service, responsible for the prevention of corruption. In local government, responsible for the prevention of corruption is found, as a rule, in the secretary, unless otherwise determined and motivated. 8. The organ of political proposal of the responsible identified pursuant to paragraph 7, by 31 January of each year, adopt three-year plan for the prevention of corruption, taking care of the transmission to the Department of Public Service. The activity of drawing up the plan can not be entrusted to persons outside the administration. The manager, within the same period, defines appropriate procedures for selecting and training, in accordance with paragraph 10, the employees required to work in areas particularly exposed to corruption. The assets at risk of corruption must be carried out, where possible, from the staff referred to in paragraph 11. The failure to make the plan and the failure to adopt procedures for the selection and training of employees constitute criteria for assessing the managerial responsibility. 9. The plan referred to in paragraph 5 meets the following requirements: a) identify the activities, including those referred to in paragraph 16, within which there is a higher risk of corruption, including the gathering of the proposals of the leaders, devised in 'exercise of the powers provided for in Article 16, paragraph 1, letter a-bis) of Legislative Decree 30 March 2001, 165; b) provide that, for the activities identified under subparagraph a), mechanisms of formation, implementation and control of decisions designed to prevent the risk of corruption; c) provide, with particular regard to the activities identified under subparagraph a), information requirements against the responsible party, identified pursuant to paragraph 7, for supervising the operation and compliance with the plan; d) monitor compliance with the terms provided for by law or regulation, for the conclusion of proceedings; e) monitor the relations between the administration and the persons who enter into contracts with the same or who are interested in proceedings authorization, concession or provision of economic benefits of any kind, including by monitoring any reports of consanguinity or affinity subsisting between the owners, directors, partners and employees of the same subjects and the officers and employees of the administration; f) identify specific obligations more transparency than those required by law. 10. The responsible person identified pursuant to paragraph 7 shall also: a) verification of the effective implementation of the plan and its suitability, as well as proposing to amend the same when they are established as significant violations of the rules or when changes in the organization or in ' business administration; b) verification, in agreement with the executive authority, the actual rotational assignments in the offices responsible for the performance of activities where there is a higher risk that they www.interno.gov.it/mininterno/site/it/sezioni/servizi/legislazione/pubblica_amministrazione/2012_11_15_L06112012_n190_anticorruzione.html

2/14


12/04/2013

Ministry of Interior - Legislation

committed crimes of corruption, c) identify staff to be included in training programs referred to in paragraph 11. 11. The School of public administration, with no new or increased charges for using public finance and human resources, equipment and financial resources available to current legislation, prepares routes, specific and sectoral training of employees of state governments on the themes of ' ethics and legality. At periodic intervals and in agreement with the administrations and the training of civil servants called to work in areas where it is higher, based on the plans adopted by the Administration, the risk that they are committed corruption offenses. 12. In case of commission, within the administration, a crime of corruption proven by final judgment, the manager identified pursuant to paragraph 7 of this Article is liable pursuant to Article 21 of Legislative Decree 30 March 2001 , no .165, and subsequent amendments, as well as a disciplinary, as well as the loss of revenue and image of public administration, unless they prove that all of the following circumstances: a) to have prepared before the commission of the offense, the plan of which paragraph 5 and that he had complied with the requirements referred to in paragraphs 9 and 10 of this Article; b) have monitored the operation and compliance with the plan. 13. The disciplinary sanction on the controller identified pursuant to paragraph 7 may not be less than the suspension from duty without pay for a minimum of one month to a maximum of six months. 14. In case of repeated violation of the precautionary measures provided for by the plan, the manager identified pursuant to paragraph 7 of this Article is liable pursuant to Article 21 of Legislative Decree 30 March, 2001, 165, as amended, as well as, for omitted control, a disciplinary. The breach by the employee of the administration, of the preventive measures in the plan constitutes a disciplinary offense. , by 15 December of each year, the director identified pursuant to paragraph 7 of this article publishes a report on the website of the administration embodying the results of activities and transmits the organ of political administration. In cases where the organ of political demands or if the accountable manager deems it appropriate, it reports on. 15. For the purposes of this Act, the transparency of the administrative activity, which constitutes an essential level of benefits relating to social and civil rights pursuant to Article 117, second paragraph, letter m) of the Constitution, in accordance with Article 11 of Legislative Decree 27 October 2009, 150, is ensured by the publication, in the corporate websites of public administrations, information relating to administrative proceedings, according to criteria of easy accessibility, completeness and ease of reference, in compliance with the provisions of state secret, the secrecy and protection of personal data. In the corporate websites of public administrations are also published its budgets and final accounts, as well as the unit costs of construction of public works and production of services provided to citizens. The cost information is published on the basis of a standard model drawn up by the Authority for the Supervision of Public Contracts for works, services and supplies, which also takes care of the collection and publication in their corporate website in order to allow easy comparison . 16. Without prejudice to the provisions of Article 53 of Legislative Decree 30 March 2001, n. 165, as last amended by paragraph 42 of this Article, Article 54 of the code of digital, referred to in Legislative Decree dated 7 March 2005, no. 82, as amended, Article 21 of the Law of 18 June 2009, no. 69, as amended, and Article 11 of Legislative Decree 27 October 2009, n. 150, public authorities shall ensure that the essential levels referred to in paragraph 15 of this article with particular reference to the processes of: a) authorization or concession; b) the selection of a contractor for the assignment of work, forniure and services, also with reference to selection mode chosen under the Code of public contracts for works, services and supplies referred to in Legislative Decree 12 April 2006, 163; c) approval and disbursement of subsidies, grants, subsidies, financial aids, as well as allocation of economic benefits of any kind to persons and public and private entities; d) competitions and selection tests for the recruitment and career advancement of Article 24 of Legislative Decree 150 of 2009. 17. Contracting authorities may provide in the notices, invitations to tender or letters of invitation that failure to comply with the clauses contained in the protocols of law or in terms of integrity constitutes grounds for exclusion from the race. 18. For the ordinary magistrates, administrative, accounting and military, lawyers and state prosecutors and members of the tax is forbidden, under penalty of disqualification from positions, and the nullity of acts, participation in the arbitration or the assumption of office of arbitrator only. 19. Paragraph 1 of Article 241 of the Code referred to in Legislative Decree 12 April 2006, no. 163, as amended, reads as follows: "1. Disputes involving individual rights, arising out of contracts for public works, services, supplies, design contests and ideas, including those resulting from the failure to reach amicable agreement provided for in Article 240, may be referred to arbitration, motivated by prior www.interno.gov.it/mininterno/site/it/sezioni/servizi/legislazione/pubblica_amministrazione/2012_11_15_L06112012_n190_anticorruzione.html

3/14


12/04/2013

Ministry of Interior - Legislation

authorization of the governing administration. The inclusion of the arbitration clause, without prior permission, in the notice or in the notice which is inviting or, for procedures without announcement, invitation, or to arbitration, without prior permission, are null and void. " 20. The provisions relating to the use of arbitrators referred to in Article 241, paragraph 1 of the Code referred to in Legislative Decree 12 April 2006, 163, as substituted by paragraph 19 of this Article shall also apply to disputes relating to concessions contracts and public works, services and supplies in which a part a publicly owned corporation which is a subsidiary or associated company to a publicly owned corporation, pursuant to Article 2359 of the Civil Code, or that have as their object or works financed with resources from public budgets. To this end, the administrative body issuing the authorization referred to in that paragraph 1 of Article 241 of the Code referred to in Legislative Decree 163 of 2006, as substituted by paragraph 19 of this Article. 21. The appointment of arbitrators for the settlement of disputes in which it is a part of public bodies is in compliance with the principles of advertising and rotation and in the manner provided for in paragraphs 22, 23 and 24 of this article, as well as in compliance with the provisions of the Code referred to in Legislative Decree 12 April 2006, 163, as applicable. 22. If the case is conducted between two governments, the arbitrators are identified exclusively among public managers. 23. If the case can take place between a public authority and a private individual, the referee identified by the public administration is preferably selected from public managers. If it is not possible to the government appoint an arbitrator chosen from among public managers, the appointment is arranged with reasoned decision in accordance with the provisions of the Code referred to in Legislative Decree 12 April 2006 163. 24. The public administration shall, under penalty of nullity of the appointment, the maximum amount payable to the public official for the task arbitration. Any difference between the amount payable to the arbitrators and the maximum amount for the executive is acquired at the government budget that the invitation to tender. 25. The provisions of paragraphs 19 to 24 shall not apply to arbitrations conferred or authorized before the date of entry into force of this Act. 26. The provisions of paragraphs 15 and 16 shall also apply to proceedings entered into an exception to the usual procedures. Persons dealing in derogation and that do not have their own websites institutional publish the information referred to in these paragraphs 15:16 in corporate websites of government from which they are appointed. 27. The information published in accordance with paragraphs 15 and 16 are transmitted electronically to the Commission. 28. The government will also ensure the regular monitoring of the compliance procedure times through the timely elimination of anomalies. The monitoring results are available on the website of each institutional administration. 29. Each public administration announced, through its corporate website, at least one certified email address where citizens can turn to transmit requests pursuant to Article 38 of the consolidated text of the laws and regulation s in the field of administrative documentation, including Decree of the President of the Repu blic December 28, 2000, 445, as amended, and receive information about the measures and administrative procedures relating to it. 30. The authorities, in accordance with regulations governing the right of access to administrative documents referred to in Chapter V of Law August 7, 1990, 241, as amended, relating to administrative procedure, have an obligation to make available at all times to concerned, by means of identification information referred to in Article 65, paragraph 1 of the Code referred to in Legislative Decree 7 March 2005 82, as amended, the information relating to actions and administrative proceedings affecting them, including including those relating to the state of the procedure, the relevant time, and the specific office responsible at each stage. 31. With one or more decrees of the Minister for Public Administration and simplification, in consultation with the Minister for Infrastructure and Transport for the areas of responsibility, after consulting the Joint Conference referred to in Article 8 of Legislative Decree 28 August 1997, n. 281, as amended, be adopted within six months from the date of entry into force of this Act, shall be identified information relevant to the application of paragraphs 15 and 16 of this Article and the method of publication, as well as the general indications for the application of paragraphs 29 and 30. Remain subject to the provisions on advertising in the Code referred to in Legislative Decree 12 April 2006 163. 32. With reference to the proceedings referred to in paragraph 16, letter b) of this Article, the contracting authorities are in any case obliged to publish their own websites institutional structure proponent, the object of the contract, the list of players invited to tender, the successful tenderer and the amount of the award, the timing of completion of the work, service or supply and the amount of the sums paid. By 31 January each year, the information for the previous year, shall be published in summary tables made ​ freely downloaded in a digital format an open standard that allows to analyze and rework, even for statistical purposes, the computer data. The administrations shall send in digital format to the Authority for the Supervision of public contracts www.interno.gov.it/mininterno/site/it/sezioni/servizi/legislazione/pubblica_amministrazione/2012_11_15_L06112012_n190_anticorruzione.html

4/14


12/04/2013

Ministry of Interior - Legislation

for works, services and supplies, which shall publish on its website in a section freely available to all citizens, categorized according to the type of the contracting authority and by region. The Authority shall identify through a resolution relevant information and its mode of transmission. By 30 April of each year, the Authority for the Supervision of Public Contracts for works, services and supplies shall send the Court of Auditors the list of governments that have failed to transmit and publish, in whole or in part, the information referred to in this paragraph in digital format an open standard. The provisions of Article 6, Section 11 of the Code referred to in Legislative Decree 12 April 2006, no. 163. 33. Failure to comply publication by the government, the information referred to in paragraph 31 constitutes a violation of the standards of quality and economy in accordance with Article 1, paragraph 1, of Legislative Decree 20 December 2009, n. 198, and is still considered under Article 21 of Legislative Decree 30 March 2001, n. 165, as amended. Possible delays in updating content on IT tools are sanctioned against those responsible of the service. 34. The provisions of paragraphs 15 to 33 apply to public authorities referred to in Article 1, paragraph 2, of Legislative Decree 30 March 2001, n. 165, as amended, to national public bodies, as well as to companies in which public administrations and their subsidiaries, pursuant to Article 2359 of the Civil Code, limited to their public interest activities governed by national law or the European Union. 35. The Government is authorized to adopt, without new or increased charges for public finance, within six months from the date of entry into force of this Act, a legislative decree for the reorganization of the law concerning the obligations of disclosure, transparency and disclosure of information by public administrations, through the modification or integration of existing legislation or through the provision of new forms of advertising, in accordance with the following principles and criteria: a) reconnaissance and coordination of provisions that provide for disclosure requirements imposed on public administrations; b) provision forms of advertising is in order to the use of public resources in order to carry out and the results of administrative functions; c) clarification of the disclosure requirements of data related to holders of political office, whether elective or otherwise exercise powers of political direction of the state, regional and local levels. The statements subject to mandatory disclosure referred to in subparagraph a) must cover at least the overall balance sheet of the owner at the time of the charge, the ownership of companies, equity shares, the spouse and relatives within the second degree of kinship , as well as all fees which entitles the assumption of office; d) expansion of the hypothesis of publicity through publication in the institutional web sites, information on the holders of senior positions in the public sector referred to in Article 1, paragraph 2, of Legislative Decree 30 March 2001, n. 165, as amended, or by reference to those involving functions of administration and management, both with regard to the positions of responsibilities of offices working directly; e) definition of categories of information that the government must publish and how to process their formats; f) an obligation to publish all records, documents and information referred to in this paragraph also in electronic format processable and open data formats. To open data formats are to be understood at least the data made ​ available and accessed on-line in non-proprietary formats, under conditions that allow the broad re-use even for statistical purposes and redistribution without further restrictions on use, re-use or dissemination different from the requirement to cite the source and to respect the integrity, g) identification, including through integration and coordination of the regulations in force, duration and terms of refresh rates for each mandatory publication; h) identification, including through review and integration of current regulations, responsibilities and penalties for failure, delay or failure to meet the obligations of publication. 36. The provisions referred to in Legislative Decree adopted pursuant to paragraph 35 integrate the identification of the essential level of benefits paid by general government for the sake of transparency, prevention, fight against corruption and maladministration in accordance with Article 117, second paragraph , letter m) of the Constitution, and also constitute exercise of the function of coordination of statistics and data of state, regional and local level, referred to in Article 117, second paragraph, letter r) of the Constitution. 37. Article 1 of the Law of 7 August 1990, n. 241, paragraph 1-ter shall be added at the end the following words: ', with an assurance level not lower than that which the public authorities are required under the provisions of the present law. " 38. Article 2 of the Law of 7 August 1990, n. 241, paragraph 1 is added at the end the following sentence: "If actors see manifestly inadmissible inadmissible, or that the applicant's admissibility, the government closing the proceedings with an express provision drafted in a simplified form, the reasons for which may consist in a brief reference to the point of fact or law www.interno.gov.it/mininterno/site/it/sezioni/servizi/legislazione/pubblica_amministrazione/2012_11_15_L06112012_n190_anticorruzione.html

5/14


12/04/2013

Ministry of Interior - Legislation

deemed conclusive. " 39. In order to ensure the impartial administrative functions and to enhance the separation and mutual independence between political bodies and administrative bodies, public authorities referred to in Article 1, paragraph 2, of Legislative Decree 30 March 2001, no . 165, as well as companies and State-owned companies and other public bodies, on the occasion of monitoring in place for the purposes of Article 36, paragraph 3, of legislative decree no. 165 of 2001, as amended, shall notify the Department of Public Administration, through independent assessment bodies, all the information necessary to detect managerial positions attributed to people, even external to public administrations, discretion identified by the data address without political public selection procedures. The data are included in the annual report to Parliament referred to in that article 36, paragraph 3, of Legislative Decree no. 165 of 2001, and are transmitted to the Commission for the purposes referred to in paragraphs 1 through 14 of this Article. 40. The titles and curricula related to the entities referred to in paragraph 39 are an integral part of the data reported to the Department of Public Service. 41. In Chapter II of the Law of 7 August 1990, n. 241, after Article 6 is added as follows: "Article 6-bis. - (Conflict of interest). - 1. The head of the procedure and the holders of the relevant offices to adopt the opinions, technical evaluations, acts endoprocedimentali and the final measure must refrain in case of conflict of interest, reporting every conflict situation, including potential. " 42. Article 53 of Legislative Decree 30 March 2001, n. 165, as amended, shall be amended as follows: a) after paragraph 3 is added as follows: "3-a. Purposes set out in paragraph 2, with special regulations issued on a proposal from the Minister for Public Administration and simplification, in consultation with the Ministers concerned, pursuant to Article 17, paragraph 2, of the Law of 23 August 1988. 400, as amended, are identified, according to different criteria in relation to the different qualifications and professional roles, tasks prohibited to employees of public authorities referred to in Article 1, paragraph 2 "; b) paragraph 5 shall be added at the end the following words: "or situations of conflict or potential interest, which affect the impartial exercise of the functions attributed to the employee ', c) in paragraph 7 and paragraph 9, after the first period is inserted as follows: " For the purposes of the authorization, the administration verifies the existence of situations or potential conflict of interest ', d) after paragraph 7 is added as follows: "7-bis. The omission of the payment of the fee from the public employee constitutes undue earner state representative theory of liability under the jurisdiction of the Court of Auditors' e) paragraph 11 is replaced by the following: "11. Within fifteen days from disbursement of compensation for the tasks referred to in paragraph 6, the public or private administration of belonging to communicate the amount of compensation paid to civil servants' f) in paragraph 12, the first sentence is replaced by the following: "The public authorities that add or authorize engagements, also free of charge, to its employees communicate electronically, within fifteen days, in the Department of Civil Service appointments made ​ or authorized employees themselves, indicating purpose of the task and of the gross compensation, if required ', in the same paragraph 12, second sentence, the words:' The list is accompanied 'shall be replaced by the following: "The Communication is accompanied 'and, in the third period , the words: "At the same time 'is replaced by the following:" By June 30 of each year "; g) in paragraph 13, the words: "Within the same period referred to in paragraph 12" are replaced by the following: ' By June 30 of each year "; h) in paragraph 14, second sentence, after the words: "the object, the duration and payment for these" are added as follows: "as well as the certificate of verification of of the absence of situations or potential conflict of interest "; i) in paragraph 14, after the second period, the following is inserted: "Information relating to consultants and advisors supplied by the contracting to the Department of Public Service, as well as information published by them in their databases accessible to the public by electronic means in accordance with this Article, shall be published in summary tables and made ​ freely downloaded in a digital format an open standard that allows to analyze and rework, even for statistical purposes, the computer data . By 31 December of each year, the Department of Public Court of Auditors shall transmit to the list of governments that have failed to transmit and publish, in whole or in part, the information referred to in the third sentence of this paragraph in standard digital format open ', l) after paragraph 16 bis is added as follows: "16-ter. Employees who, in the last three years of service, exercised authoritative powers or negotiating on behalf of the public authorities referred to in Article 1, paragraph 2, may not play in www.interno.gov.it/mininterno/site/it/sezioni/servizi/legislazione/pubblica_amministrazione/2012_11_15_L06112012_n190_anticorruzione.html

6/14


12/04/2013

Ministry of Interior - Legislation

the three years following the termination of public employment, work or professional at private parties recipients of public administration carried out through the same powers. The contracts and appointments made ​ in violation of the provisions of this paragraph shall be null and it is forbidden for private individuals who have completed or transferred to bargain with the government for the next three years with the obligation to return the compensation received and any ascertained referring to them. " 43. The provisions of Article 53-ter, paragraph 16, second sentence, of Legislative Decree 30 March 2001 165, introduced by paragraph 42, letter l) shall not apply to contracts already signed at the date of entry into force of this Act. 44. Article 54 of Legislative Decree 30 March, 2001, 165, is replaced by the following: "Article 54. - (Code of Conduct). - 1. The government has established a code of conduct for employees of public administrations in order to ensure the quality of services, prevention of corruption, respect for the constitutional duties of diligence, loyalty, impartiality and exclusive service to the public interest. The code contains a specific section on directors' duties, articulated in relation to the functions assigned, and still provides for a ban on all government employees to seek or accept, in any capacity, fees, gifts or other benefits in connection with the 'performance of their duties or tasks assigned to it, without prejudice to the gifts of use, provided they are modest and within the limits of normal courtesy. 2. The code, approved by Decree of the President of the Republic by decision of the Council of Ministers, on a proposal from the Minister for Public Administration and simplification, subject to agreement in the Joint Conference, is published in the Official Gazette and delivered to the employee, who subscribes time of hiring. 3. Breaches of the obligation contained in the code of conduct, including the implementation of the Plan for the prevention of corruption, is a source of disciplinary responsibility. The breach of duty is also relevant for the purposes of civil liability, administrative and accounting whenever the same responsibilities are connected with the violation of duties, obligations, laws or regulations. Serious or repeated violations of the code involving the application of the penalty referred to in Article 55-quater, paragraph 1. 4. For each of the judiciary and the Attorney General's Office, the bodies of professional associations adopt a code of ethics to which members must adhere to the courts concerned. In the event of inaction, the code is taken by the body of self-government. 5. Each government defines, using the open participation and the mandatory opinion of its independent evaluation, a separate code of conduct that integrates and specifies the code of conduct referred to in paragraph 1. Code of Conduct referred to in this subparagraph shall apply the provisions of paragraph 3. For these purposes, the Commission for the evaluation, transparency and integrity of government (CIVIT) establishes criteria, guidelines and standard forms for individual sectors or types of administration. 6. On the application of codes referred to in this Article shall ensure the managers responsible for each structure, the internal control structures and offices of discipline. 7. Public administrations occur annually the status of implementation of codes and organize training of personnel for the knowledge and the correct application of the same. " 45. The codes referred to in Article 54, paragraphs 1 and 4, of Legislative Decree 30 March 2001, n. 165, as substituted by paragraph 44, are approved within six months from the date of entry into force of this Act. 46. After Article 35 of Legislative Decree 30 March 2001, n. 165, the following is inserted: "Article 35-bis. - (Prevention of the phenomenon of corruption in the formation of committees and offices in assignments) - 1. Those who have been convicted with sentence is not judged for the crimes provided for in Chapter I of Title II of the second book of the Penal Code: a) can not be part, even with the secretariat, of commissions for access or selection to public office; b) may not be assigned, even with an executive position, the offices responsible for the management of financial resources, the acquisition of goods, services and supplies, as well as the granting or issuance of grants, contributions, subsidies, financial aids or allocations of economic benefits to public and private; c) can not be part of the committee for the selection of the contractor for the award of works, supplies and services for the grant or grants, contributions , subsidies, financial aids, as well as for the allocation of economic benefits of any kind. 2. The provision in paragraph integrates the laws and regulations governing the formation of committees and the appointment of its secretaries. " 47. Article 11 of the Law of 7 August 1990, n. 241, paragraph 2, is added at the end the following sentence: "The agreements referred to in this Article shall be justified under Article 3." 48. The Government is authorized to adopt, within six months from the date of entry into force of this Act, a legislative decree for the organic framework of the offenses, and related disciplinary sanctions, related to the overcoming of the terms of the definition of administrative procedures, according to the following principles and criteria: www.interno.gov.it/mininterno/site/it/sezioni/servizi/legislazione/pubblica_amministrazione/2012_11_15_L06112012_n190_anticorruzione.html

7/14


12/04/2013

Ministry of Interior - Legislation

a) homogeneity of the offenses related to late, exceeding the specific logic of the different sectors of the public administration; b) homogeneity of the controls by managers, designed to avoid delays c) consistency, certainty and cogency in the system of sanctions , in relation to the failure to meet deadlines. 49. For the purposes of preventing and combating corruption, as well as the prevention of conflicts of interest, the Government is authorized to adopt, without new or increased charges for public finance, within six months from the date of entry into force of this Act, one or more legislative decrees aimed at amending the current rules relating to the allocation of executive positions and positions of administrative responsibility of top management in the public sector referred to in Article l, paragraph 2, of Legislative Decree 30 March 2001, n. 165, as amended, and in private law bodies subjected to public scrutiny exercising administrative functions, activities of production of goods and services in favor of the government or management of public services, to confer on individuals inside and outside the government, involving functions of administration and management, as well as to change the current legal framework of incompatibility between these assignments and conduct of public appointees or ownership of private interests that may arise in conflict with the impartial exercise of public functions entrusted to it. 50. The legislative decrees referred to in paragraph 49 shall be issued in accordance with the following principles and criteria: a) to provide explicitly for the purpose of preventing and combating corruption, cases of non conferibilità of executive positions, adopting generally the criterion of non conferibilità for those who have been convicted even if the sentence is not final, for the crime under Chapter I of Title II of Book II of the Penal Code; b) provide explicitly for the purpose of preventing and combating of corruption, cases of nonconferibilità of executive positions, adopting in general the principle of non conferibilità for those who for a reasonable period of time, not less than one year prior to the transfer or have held positions held positions in bodies of law Private controlled or financed by the administration that gives the assignment; c) to govern the allocation criteria, as well as cases of non-executive positions conferibilità of subjects unrelated to the government that, for a reasonable period of time, not less than one year prior to the transfer have been part of political bodies or have held elective office. Cases of non conferibilità must be scaled and adjusted to the importance of the offices of political covered, the entity reference and connection , also territorial, with the administration conferring the appointment. Is excluded in all cases, except for the positions of head of offices working directly with the political bodies, the appointment of managers to those who at the same administrations have held positions of political or have held an elective office in the period , but not less than one year immediately preceding the appointment; d) understanding between the tasks covered by these: 1) administrative tasks as well as the top executive positions, also conferred to persons outside the government, involving the 'exercise exclusive competence of directors and management; 2) the positions of general manager, health and administrative staff of local health centers and hospitals; 3) any directorships of public and private sector bodies subject to control public e) cover the cases of incompatibility between the tasks referred to in point d) already delivered and the performance of activities, whether paid or not, at private law entities subjected to regulation, controlled or financed by the administration that has appointed or in the course of their professional activities, if the institution or professional activities are subject to regulation or financed by the administration; f) cover the cases of incompatibility between the tasks referred to in point d) already granted and the exercise of offices in the political bodies. 51. After Article 54 of Legislative Decree 30 March 2001, n. 165, the following is inserted: "Article 54-bis. - (Protection of the public servant who report abuse). - 1. Apart from cases of liability by way of slander or libel, or for the same title within the meaning of Article 2043 of the Civil Code, the public employee who referred to a court or the Court of Auditors, which refers to the direct supervisor misconduct of which he has knowledge by reason of the employment relationship, can not be sanctioned, dismissed or subjected to a discriminatory measure, directly or indirectly, having effects on the conditions of employment for reasons directly or indirectly related to the complaint. 2. In the disciplinary proceedings, the identity of the informant can not be revealed without his consent, provided that the protest of the discip linary investigation is based on distinct and more than telling. If the complaint is based, in whole or in part, on the signaling, the identity can be revealed when his knowledge is absolutely essential for the defense of the accused. 3. The adoption of discriminatory measures is reported to the Department of Public Service, for the measures of competence, by the person concerned or by the most representative trade union organizations in the administration in which these have been implemented. www.interno.gov.it/mininterno/site/it/sezioni/servizi/legislazione/pubblica_amministrazione/2012_11_15_L06112012_n190_anticorruzione.html

8/14


12/04/2013

Ministry of Interior - Legislation

4. The complaint is withdrawn from the access provided for in Articles 22 and following of the Law of 7 August 1990, n. 241, as amended. " 52. For the effectiveness of controls in the mafia business activities referred to in paragraph 53, in each prefecture has established the list of suppliers, service providers and performers of works not subject to attempt to infiltrate the mafia operating in the same sectors. The roster of the prefecture of the province in which the company is headquartered meets the requirements for the information mafia for the exercise of its activity. The prefecture performs periodic audits of the continuing absence of these risks and, in case of failure, provides for the cancellation of the list. 53. Are defined as more exposed to risk of mafia infiltration of the following activities: a) transport of materials to the landfill on behalf of third parties; b) transport and cross-border and disposal of waste on behalf of third parties; c) extraction, supply and transportation of land and inert materials; d) packaging, supply and transportation of concrete and bitumen; e) freight cold machinery; f) the provision of wrought iron; g) hires hot; h) trucking on behalf of third parties; i) guard the yards. 54. The indication of the activities referred to in paragraph 53 can be upgraded by 31 December of each year, by special decree of the Minister of the Interior, adopted in consultation with the Ministers of Justice, infrastructure and transport and the economy Finance, after consultation with the relevant parliamentary committees, to be made ​ within thirty days from the date of forwarding of the draft to the Chambers. If the Committees do not pronounce themselves within the period, the decree can still be adopted. 55. The company entered on the list referred to in paragraph 52 shall inform the competent authority of any change in ownership prefecture and its governing bodies, within thirty days from the date of the change. Joint-stock companies listed on regulated markets communicate relevant changes in accordance with the consolidated act as per legislative decree 24 February 1998, n. 58. The lack of communication leads to the cancellation of the registration. 56. By decree of the President of the Council of Ministers, on a proposal of the Ministers for Public Administration and simplification, interior, justice, infrastructure and transport and economic development, to be taken within sixty days from the date of entry into force of this Act shall be laid down procedures for the establishment and updating, no new or additional cost to the public purse, the list referred to in paragraph 52, as well as for the verification activities. 57. Until the sixtieth day following the date of entry into force of the decree referred to in paragraph 56 shall continue to apply the existing legislation on the date of entry into force of this Act. 58. In Article 135, paragraph l, of the Code referred to in Legislative Decree 12 April 2006, no. 163, after the words: 'res judicata' shall be inserted the following: "for the crimes provided for in Article 51, paragraph 3-bis and 3-quater of the Code of Criminal Procedure, Articles 314, first paragraph, 316, 316-bis, 317, 318, 319, 319 ter, 319-quater and 320 of the Penal Code, as well. " 59. The provisions for the prevention of corruption as referred to in paragraphs 1 through 57 of this Article, the direct implementation of the principle of impartiality laid down in Article 97 of the Constitution, shall be applied in all public authorities referred to in Article 1, paragraph 2 of Legislative Decree 30 March 2001, n. 165, as amended. 60. Within one hundred twenty days from the date of entry into force of this Act, through agreements in the Joint Conference referred to in Article 8, paragraph l, of the Legislative Decree of 28 August 1997, n. 281, we define the implementations, with an indication of its terms, the regions and the autonomous provinces of Trento and Bolzano and local authorities, as well as public entities and private persons subject to their control, towards the full and expeditious implementation of the provisions of this Act, and in particular: a) the definition, by each administration, the three-year plan for the prevention of corruption, starting with the one covering the years 2013-2015, and its transmission to the region and the Department of Public Service; b) the adoption by each administration, regulatory standards relating to the identification of assignments prohibited civil servants referred to in Article 53, paragraph 3-bis of Legislative Decree 30 March 2001 n. 165, introduced by paragraph 42, letter a) of this Article, subject to the provision of paragraph 4 of Article 53; c) the adoption by each administration, the code of conduct referred to in Article 54, paragraph 5, of Legislative Decree 30 March 2001, n. 165, as substituted by paragraph 44 of this Article. 61. Through agreements in the Joint Conference are also defined the obligations of the legislative decrees implementing the provisions of the present law by the regions and the autonomous provinces of Trento and Bolzano and local authorities, as well as public entities and private persons subject to their control. 62. Article I of the Law of 14 January 1994, n. 20, after paragraph 1-d are inserted as follows: www.interno.gov.it/mininterno/site/it/sezioni/servizi/legislazione/pubblica_amministrazione/2012_11_15_L06112012_n190_anticorruzione.html

9/14


12/04/2013

Ministry of Interior - Legislation

"1-e. In the judgment of responsibility, the extent of damage to the image of public administration from the commission of an offense against the same public administration proven by final judgment is presumed, unless evidence to the contrary, equal to twice the amount of money or value asset other benefits wrongfully received by the employee. 1-f. In actions for liability relating to acts or facts referred to in paragraph 1-e, the attachment referred to in Article 5, paragraph 2 of the Decree-Law of 15 November 1993 n. 453, converted, with amendments, by Law of 14 January 1994, n. 19 shall be granted in all cases of well-founded fear of attenuation of credit guarantee state representative. " 63. The Government is authorized to adopt, without new or increased charges for public finance, within one year from the date of entry into force of this Act, a legislative decree containing a single text of the legislation of ineligibility for the office of Member of the European Parliament , a deputy and a senator of the Republic, ineligibility for election of regional, provincial, municipal and district and prohibition to hold the offices of President and member of the board of directors of the consortiums, president and member of the counsel and the pattern of unions of municipalities, a director and chairman of the special companies and institutions referred to in Article 114 of the consolidated text of the laws on the local authorities, the legislative decree of 18 August 2000, 267, and subsequent modifications, as president and member of the executive bodies of the mountain communities. 64. The legislative decree referred to in paragraph 63 provides for the reorganization and harmonization of existing legislation and adopted in accordance with the following principles and criteria: a) subject to the provisions of the Criminal Code in relation to permanent exclusion from public offices, provide that are temporarily candidates for deputies or senators who have been convicted of a definitive sentence of over two years' imprisonment for the offenses provided for in Article 51, paragraph 3-bis and 3-quater of the Code of Criminal Procedure b) in addition to as provided in paragraph a), provide that are not temporary candidates for deputies or senators who have been convicted of a definitive sentence of over two years' imprisonment for the offenses provided for in Book II, Title II, Chapter I, of the Penal Code or for other offenses for which the law provides for a prison sentence of more than a maximum of three years; c) predict the duration dell'incandidabilità referred to in subparagraphs a) and b), d) provide that the ineligibility operate even in case of application of the death on request, in accordance with Article 444 of the Code of Criminal Procedure, e) coordinate the provisions relating all'incandidabilità with current rules on disqualification from public office and rehabilitation, as well as with the restrictions on the exercise of the right to vote active; f) provide that the conditions of ineligibility to the office of deputy and senator are also applied to the taking of government positions; g) carry out a complete survey of the current legislation relating to ineligibility for election provincial, municipal and district and prohibition to hold the offices of President of the province, mayor, city council and provincial and municipal councilor, president and member of the District Council, president and member of the board of directors of the consortiums, president and member of the counsel and the pattern of unions of municipalities, adviser of directors and chairman of the special companies and institutions referred to in Article 114 of the consolidated text of the cited Legislative Decree no. 267 of 2000, President and member of the boards of mountain communities, as determined by final judgment; h) to assess for the positions referred to in subparagraph g), consistent with the choices made ​ in the implementation of the letters a) and i), l ' introduction of additional cases of ineligibility determined by the final judgment of conviction for crimes of serious social alarm; i) identify, subject to the regional legislative competence on the electoral system and the cases of ineligibility and incompatibility of the President and the other members of the regional and regional councilors, the hypothesis of ineligibility regional elections and prohibition to hold office in political bodies of the Summit of Regions, resulting in a final judgment; l) providing for the express repeal of the legislation incompatible with the provisions of the legislative decree which paragraph 63; m) regulate the case of suspension and disqualification from office of law referred to in paragraph 63 in the case of a final judgment of conviction for intentional crimes after the application or reliance of the charge. 65. The outline of the legislative decree referred to in paragraph 63, together with a technical report in accordance with Article 17, paragraph 3 of the Law of 31 December 2009, n. 196, is transmitted to the Chambers for the expression of opinions by the relevant parliamentary committees for the subject and for financial profiles, that are made ​ within sixty days from the date of transmission of the draft decree. Once the deadline referred to in the previous period without the Commissions have expressed the opinions of their respective competence, the legislative decree can still be www.interno.gov.it/mininterno/site/it/sezioni/servizi/legislazione/pubblica_amministrazione/2012_11_15_L06112012_n190_anticorruzione.html

10/14


12/04/2013

Ministry of Interior - Legislation

adopted. 66. All positions at institutions, bodies and public institutions, national and international attributed in senior positions or semiapicali, including those owned Cabinet Office, to ordinary judges, administrative, accounting and military lawyers and attorneys of the State, must be carried out with simultaneous placement position of temporary staff, which must last throughout the duration of the assignment. The assignments on the date of entry into force of this Act shall cease to be entitled if in one hundred and eighty days after the measure is not adopted in the placement position of temporary staff. 67. The Government is authorized to adopt, within four months from the date of entry into force of this Act, a legislative decree for the identification of additional assignments, even in the offices of direct collaboration, which, in addition to those referred to in paragraph 66, will be required in the position of temporary placement, based on the following principles and criteria: a) take account of differences and specificity of the schemes and the functions related to the ordinary jurisdiction, administrative, financial and military, as well as the state's lawyers , b) term of office; c) continuatività and onerous undertaking work related to the performance of the engagement; d) potential conflicts of interest between the duties performed by the administration of belonging and those exercised in virtue of this capped off role. 68. Except as provided in paragraph 69, the ordinary judges, administrative, accounting and military lawyers and state prosecutors can not be placed in the position of temporary staff for a time, over their service, exceed a total of ten years, continuous. The aforementioned placement can not, however, determine any prejudice with regard to the position occupied in the roles they belong to. 69. Except as provided in paragraphs 70, 71 and 72, the provisions referred to in paragraph 68 shall also apply to the assignments on the date of entry into force of this Act. 70. The provisions of paragraphs 66 to 72 shall not apply to members of the government, elected positions, including in the organs of self-government, and members of international courts of their names. 71. For the tasks provided for in paragraph 4 of Article 1-bis of Law Decree 16 September 2008, n. 143, converted, with amendments, by Law of 13 November 2008, n. 181, even if granted after the entry into force of this Act, the term referred to in paragraph 68 shall run from the date of entry into force of this Act. 72. The magistrates, administrative, accounting and military, as well as lawyers and state prosecutors who, at the date of entry into force of this Act, or who have already gained, after that date, accruing the maximum period of placement in position outside role, referred to in paragraph 68, are confirmed in the position of temporary staff until the end of the assignment, the legislature, the consiliatura or mandate for the institution or person from whom it carried out the task. If the assignment is not fixed, temporary location outside role is confirmed for the twelve months following the entry into force of this Act. 73. The outline of the legislative decree referred to in paragraph 67 is transmitted to the Chambers for the expression of opinions by the relevant parliamentary committees to the matter, which shall be made ​ within thirty days from the date of transmission of the same decree. Once the deadline without the Commissions have expressed the opinions of their respective competence the legislative decree can still be adopted. 74. Within one year from the date of entry into force of Legislative Decree referred to in paragraph 67, in accordance with the principles and criteria established therein, the Government is authorized to adopt provisions supplementary or corrective legislative decree itself. 75. To the Criminal Code be amended as follows: a) Article 32-quater, after the words: "319-bis," shall be inserted the following: "319-c, '; b) Article 32-d, after the words: "319-ter 'the following is inserted:', 319-quater of the first paragraph, '; c) in the first paragraph of Article 314, the word "three" is replaced by the following: 'four'; d ) Article 317 is replaced by the following: "Article 317. - (Extortion). - The public official who, abusing his or her powers, forces another person to unduly give or promise to him or a third party, money or other benefits shall be punished with imprisonment from six to twelve years', e) in Article 317-bis, the words: "314 and 317" are replaced by the following: "314, 317, 319 and 319-ter ', f) Article 318 is replaced by the following: "Article 318. - (Corruption for the exercise of the function). - The public official who, in the exercise of its functions or powers, wrongly receives for himself or for a third party, money or other benefits or accepts a promise is punished with imprisonment from one to five years' g ) In Article 319, the words "two to five" is replaced by the following: "four to eight ', h) in Article 319-ter are modified as follows: 1) in the first paragraph, the words: "three to eight 'are replaced by the following:" four to ten', www.interno.gov.it/mininterno/site/it/sezioni/servizi/legislazione/pubblica_amministrazione/2012_11_15_L06112012_n190_anticorruzione.html

11/14


12/04/2013

Ministry of Interior - Legislation

2) in the second paragraph, the word 'four' is replaced by the following: 'five'; i) after Article 319-ter is inserted as follows: "Article 319-c. - (Induction unlawful to give or promise utility). - Unless the act constitutes a more serious offense, the public official or public service employee who, abusing his or her powers, induces someone to unduly give or promise to him or a third party, money or other benefits are punished with imprisonment from three to eight years. In the cases covered by the first paragraph, who gives or promises money or other benefits shall be punished with imprisonment up to three years' l) in Article 320, the first paragraph is replaced by the following : 'The provisions of Articles 318 and 319 shall also apply to a person in charge of a public service'; m) Article 322 shall be amended as follows: 1) in the first paragraph, the words "who has the capacity of public employee , to induce him to commit an act of his office "shall be replaced by the following: ', for the exercise of its functions or powers"; 2) the third subparagraph is replaced by the following: "The punishment referred to in the first subparagraph shall applies to a public official or a public service that solicits a promise or giving of money or other benefits for the exercise of its functions or powers', n) in Article 322-bis shall be amended as follows: 1) in the second paragraph, after the words: "The provisions of Articles" shall be inserted the following: "319-quater, paragraph, '; 2) in the heading, after the word "extortion" shall be inserted the following: " induction to give undue benefit or promise, '; o) Article 322-ter, first paragraph, after the words "at that price 'shall be added the following:" profit or' p) in Article 323, first paragraph , the words "six months to three years 'are replaced by the following:" from one to four years', q) Article 323-bis, after the word: "319" shall be inserted the following: "319 - c, ' r) is inserted after Article 346 as follows: "Article 346-bis. - (Traffic improper influence). - Whoever, apart from the cases of the crimes referred to in Articles 319 and 319-ter, leveraging existing relationships with a public official or an employee of a public service, is unduly give or promise, for himself or for others, money or Another benefit asset, as the price of their illegal mediation to the public official or employee of a public service or to remunerate, in connection with the performance of an act contrary to the duties of the office or the omission or delay of an act of his office, shall be punished with imprisonment from one to three years. The same penalty applies to those who unduly give or promise money or other pecuniary advantage. The penalty is increased if the person who is unduly give or promise, to himself or to others, money or other pecuniary advantage holds the position of a public official or employee of a public service. Penalties are also increased if the acts committed in relation to the exercise of judicial activities. If the facts are particularly tenuous, the penalty is reduced. " 76. Article 2635 of the Civil Code is replaced by the following: "Article In 2635. - (Corruption between private individuals). - Unless the act constitutes a more serious offense, directors, general managers, managers responsible for preparing the company's financial reports, auditors and liquidators, who, following the giving or the promise of money or other benefit, for himself or for others, perform or omit acts in violation of the obligations inherent in their office or duties of loyalty, causing harm to the company, shall be punished with imprisonment from one to three years. The penalty of imprisonment up to one year and six months if the crime is committed by those who are subject to the direction or supervision of one of the persons mentioned in the first paragraph. Whoever gives or promises money or other benefits to the persons mentioned in the first and second paragraph shall be punished with the penalties provided for therein. Penalties set forth in the preceding paragraphs shall be doubled in the case of companies listed on Italian regulated markets or any other Member of the 'European Union or widely distributed among the public that under Article 116 of the Consolidated Law on Financial Intermediation, referred to in Legislative Decree 24 February 1998, n. 58, as amended. Proceed on complaint by the injured party, except by the fact that a distortion of competition in the acquisition of goods or services. ' 77. Decree of 8 June 2001, n. 231, are modified as follows: a) in Article 25: 1) in the heading, after the word "Extortion" shall be inserted the following: ", inducement or promise to give undue benefit"; 2) in paragraph 3, after the words: "319-ter, paragraph 2" shall be inserted the following: "319-c ', www.interno.gov.it/mininterno/site/it/sezioni/servizi/legislazione/pubblica_amministrazione/2012_11_15_L06112012_n190_anticorruzione.html

12/14


12/04/2013

Ministry of Interior - Legislation

b) Article 25-ter, paragraph 1, after the letter s) the following is added: 's-aa) for the crime of corruption between private individuals, in cases provided for by the third paragraph of Article 2635 of the Civil Code, a fine of two hundred to four hundred shares. " 78. Article 308 of the Criminal Procedure Code, after paragraph 2 is inserted as follows: "2-bis. In the case where one of the offenses referred to in Articles 314, 316, 316 bis, 316 ter, 317, 318, 319, 319 ter, 319-quater of the first paragraph, and 320 of the Penal Code, the disqualifications forgiveness effective six months after the beginning of their execution. In any case, if they have been willing to evidentiary requirements, the court may order the renewal even more than six months from the start of the understanding that in any case their effectiveness is undermined if the beginning of their execution after a period of time equal to three times the terms provided for in Article 303. " 79. In Article 133, paragraph 1-bis, of the implementing rules, coordination and transitional provisions of the Code of Criminal Procedure, referred to in Legislative Decree 28 July 1989, n. 271, after the words: "319-ter 'the following is inserted:', 319-c." 80. Article 12-sexies of the Decree-Law of 8 June 1992, n. 306, ratified with amendments by Law of August 7, 1992, 356, as amended, shall be amended as follows: a) in paragraph 1, after the words: "319-ter," the following is inserted: "319 -c, ' b) in paragraph 2-bis, after the words: "319-ter," the following is inserted: "319-quater." 81. The text of the laws on local government, in the decree of 18 August 2000, n. 267, are modified as follows: a) in Article 58, paragraph 1, letter b), the words "(corruption for an official act) 'are replaced by the following:' (corruption for the exercise of the function ) "and after the words:" 319-b (judicial corruption) "shall be inserted as follows: "319-quater, first paragraph (induction to give undue benefit or promise), '; b) in Article 59, paragraph 1, letter a), after the words: "319-ter 'the following is inserted:', 319-c ', c) in Article 59, paragraph 1, letter c), after the words "coercive measures referred to in Articles 284, 285 and 286 of the Code of Criminal Procedure "are added as follows:" as well as referred to in Article 283, paragraph 1, of the Code of Criminal Procedure, when the prohibition of residence regards the place where he plays the mandate election. " 82. The revocation referred to in Article 100, paragraph 1 of the Consolidated Law by Decree of 18 August 2000, n. 267, shall be communicated by the prefect National Anti-Corruption Authority, referred to in paragraph 1 of this Article, which is expressed within thirty days. After that period, the withdrawal becomes effective, unless the Authority finds that the same is related to the activities performed by the Secretary for the prevention of corruption. 83. Article 3, paragraph 1, of the Law of 27 March 2001, n. 97, after the words: "319-ter 'the following is inserted:', 319-c." Article 2 Clause invariance 1. On implementation of this Act may not cause new or increased burdens on the public finances. 2. The competent authorities shall ensure the conduct of activities under this law with the human resources, equipment and financial resources available under current legislation. This law, bearing the seal of the State, shall be included in the official collection of laws of the Republic italiana.E is mandatory for all to observe and enforce it as state law. Date Done in Rome, 6 November 2012 NAPOLITANO Monti, President of the Council of Ministers Severino, Minister for Justice Seen, Severino

www.interno.gov.it/mininterno/site/it/sezioni/servizi/legislazione/pubblica_amministrazione/2012_11_15_L06112012_n190_anticorruzione.html

13/14


12/04/2013

Ministry of Interior - Legislation

Back Creative Commons License | Publication manager | Disclaimer | Privacy | Accessibility | Intranet

www.interno.gov.it/mininterno/site/it/sezioni/servizi/legislazione/pubblica_amministrazione/2012_11_15_L06112012_n190_anticorruzione.html

14/14


Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.