CORRUPTION · EMBEZZLEMENT · UNDUE INDUCEMENT

Italian Corruption Defense Lawyer in Milan

Specialist criminal defense for public officials, public service officers and private parties in proceedings for corruption, embezzlement, extortion, undue inducement and influence peddling. Confidential consultation within 24 hours.

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Milano Centro Absolute Confidentiality Experience under Leg. Decree 231

The situations we face every day

The Firm assists entrepreneurs and directors daily in contexts of high criticality.

Wiretaps and trojan captors

Corruption proceedings make extensive use of telephone and environmental wiretaps and trojan malware: defense must intervene immediately to evaluate the legitimacy of evidence.

Personal precautionary measures

House arrest or prohibition of residence are common even in early stages: review must be filed within 10 days.

Disqualification from public offices

Automatic suspension from public office (art. 289 c.p.p.) can affect the suspect even before sentencing, with devastating career effects.

Parallel state accounting liability

The Court of Auditors can initiate state accounting liability proceedings in parallel to the criminal trial, with multi-million compensation claims against the official.

How we protect you

Immediate defense at notice of investigation

Access to file, wiretap analysis, defense brief and request for guaranteed interrogation to guide investigations from the start.

Challenge of precautionary measures

Review at the Liberty Court to contest the existence of precautionary requirements, with Supreme Court appeal if confirmed.

Corruption/extortion and inducement distinction

Corruption (bilateral agreement) differs from extortion (coercion) and undue inducement (pressure): legal qualification significantly affects the penalty.

Coordination with state accounting defense

Coordination of criminal strategy with Court of Auditors defense to avoid contradictions and maximize results in both venues.

The Italian anti-corruption system (L. 190/2012 and L. 3/2019 'Spazzacorrotti') has tightened penalties and expanded offenses. Improper corruption (art. 319 c.p.) is punished from 6 to 10 years; extortion (art. 317 c.p.) from 6 to 12 years. Extended confiscation and undercover agents are ordinary investigative tools.

Main offenses table

Offense	Art. c.p.	Penalty
Embezzlement	art. 314	4–10 years 6 months
Corruption for exercise of functions	art. 318	3–8 years
Improper corruption	art. 319	6–10 years
Extortion by public official	art. 317	6–12 years
Influence peddling	art. 346-bis	1–4 years 6 months

Difference between extortion and undue inducement

Extortion by public official (art. 317 c.p.) requires coercion: the private party is a victim and not criminally liable. Undue inducement (art. 319-quater c.p.) implies pressure with advantage for the private party: they face penalties up to 3 years. The Supreme Court (SS.UU. n. 12228/2014 'Maldera') set the distinguishing criteria: determining metus vel indicentis in extortion, undue advantage in inducement.

231 entity liability for PA crimes

PA crimes (corruption, extortion, undue inducement, influence peddling) are predicate offenses for entity liability under art. 25 D.Lgs. 231/2001, with monetary sanctions up to 800 quotas and interdictory sanctions. An adequate 231 MOG with specific anti-corruption protocols is the only exculpation.

Recent cases successfully resolved

Case A – Public entity official

Charge for improper corruption (art. 319 c.p.) in public contract. Precautionary measures: prohibition of residence.

Review accepted: measures revoked. On merits: acquittal by reclassification to lawful influence trading.

Case B – Construction entrepreneur (briber)

Active bribery in public tender. Risk of 8 years. Seizure of contract profit.

Favorable plea bargain with suspended sentence. Seizure reduced net of documented costs.

Case C – Healthcare manager

Embezzlement for use of healthcare funds for personal expenses. Automatic suspension from office.

Reclassification to temporary use embezzlement. Reduced penalty. Reinstatement to office.

The Firm's Method

Initial confidential consultation

First meeting within 24 hours: case analysis, risk assessment and defense strategy.

File access and technical analysis

Access to the investigation file, appointment of expert witnesses, in-depth documentary and financial analysis.

Tailored defense strategy

Preparation of defense briefs, precautionary applications, appeals to the Liberty Court or pre-notitia criminis interventions.

Representation at all court levels

Representation at trial, appeal and Supreme Court; parallel management of any 231 proceedings.

Our Team