5. Corruption of Jurors

“la proposizione non accolta del pubblico ufficiale costituisce conato di corruzione, perchè egli ha indubbiamente la qualità di autore nel delitto di corruzione, e come tale egli incomincia colla propria proposta l’esecuzione del delitto stesso"181 .

The reference we have just now made to corruption the initiative of the public officer makes necessary a brief mention of the criteria for distinguishing the crime of corruption from that of illegal exaction.

In the latter crime the private person who unjustly pays, always pays "metu publicae potestatis". He figures in the crime merely as the victim and he is therefore immune from any criminal responsibility. In the case of corruption on the contrary, the private person is an associate in the crime and gives or promises to give of his own free will. This distinction which appears so simple in theory, may nevertheless in practice offer considerable difficulty. The public officer, as Carrara says, does not always address himself to the person face forward demanding money as the price of his acts of office: these methods are too clumsy and are therefore rare: the corrupt officer does not demand but leaves it to be understood that he would take: then the private person understands and is intimidated and offers money. Great care is here required to establish whether the private person (the corrupt) was not himself the originator of the criminal design, and who would have willingly spared himself that sacrifice, is a briber, or rather the victim of an illegal exaction. It is difficult, perhaps impossible., Maino concludes, to fix in this matter any hard and fast rules: it is a question of fact which depends on the particular circumstances of each case. But the observations of Carrara are useful and interesting: and where there is a doubt to the criminal fact, one should decide for illegal exaction and apply the punishment only against the public officer182 .

5. Corruption of Jurors

Sec. 119 of our Code applies all the provisions relating to the corruption of public officers or Government employees, to jurymen. All we have said concerning these

181 Loc., cit., para. 932; Manzini, however, takes the view that, under the Italian Code, a proposal of corruption made by a public officer and rejected by the individual to whom it is made is not an attempted corruption, but a crime of exaction. (Op. cit., Vol. V, P. 181, § 1328). 182 Op. cit., para. 933; Carrara. Prog. Parte Spec. Vol. V. Para. 2572 et. Seq.