Crimes against the Public Administration
Crimes against the public administration constitute one of the principal instruments for protecting the impartiality of administrative action, the proper functioning of public office and citizens' trust in institutions.
In corporate criminal law, such offences assume particular importance when they arise in the relations between economic operators and public officials, especially in the context of public procurement procedures, the granting of concessions and administrative authorisations, the disbursement of public funding or contributions, and the conduct of administrative and tax inspections.
Offences covered in this area
Each offence has its own page with the applicable rules, evidentiary issues and defence strategy.
Offences against the Public AdministrationPublic Official and Person in Charge of Public ServiceMisappropriation of Public Funds (Art. 316-bis)Unlawful Obtainment of Public Funds (Art. 316-ter)Extortion by a Public Official (Art. 317)Undue Induction (Art. 319-quater)Corruption for the Exercise of Functions (Art. 318)Corruption for Act Contrary to Duties (Art. 319)Corruption in Judicial Acts (Art. 319-ter)Illicit Influence Peddling (Art. 346-bis)Aggravated Fraud for Obtaining Public Funds (Art. 640-bis)Embezzlement (Art. 314)Abuse of Office (Art. 323)Entity Liability under Legislative Decree 231/2001Legal Aid Defence Method
How the firm works on this area
- Ricostruzione delle dinamiche amministrative e contrattuali
- Analisi del processo decisionale pubblico
- Distinzione tra legittima interlocuzione e condotte corruttive
- Gestione della responsabilità ex D.Lgs. 231/2001
- Coordinamento tra difesa dell'ente e delle persone fisiche
Related insights
Reati contro la Pubblica AmministrazioneRiparazione pecuniaria dichiarata incostituzionale: la Corte cost. 108/2026 e l'art. 322 quater c.p.Commenti e novità giuridichePNRR e responsabilità penale nella fase di chiusura del piano: controlli, fattispecie e tutela preventiva dell'impresaEstradizioni e Mandati di ArrestoMandato di arresto europeo (MAE): radicamento in Italia e rifiuto della consegna
Frequently asked questions about Crimes against the Public Administration
What are the main crimes against the public administration relevant to businesses?
The main offences are corruption for the exercise of functions (Art. 318), corruption for an act contrary to official duties (Art. 319), extortion by a public official (Art. 317), undue induction (Art. 319-quater), illicit influence peddling (Art. 346-bis), embezzlement (Art. 314) and abuse of office (Art. 323). In corporate criminal law, these offences assume importance when they arise in relations between economic operators and public officials.
What is the difference between extortion by a public official and undue induction?
Extortion (Art. 317) arises when the public official compels the private party with coercive conduct leaving no real alternative, making the private party the victim. Undue induction (Art. 319-quater) occurs when the official exerts less intense pressure, leaving the private party a margin of self-determination; in this case, the private party is also punishable.
Can crimes against the public administration entail entity liability under Legislative Decree 231/2001?
Yes, crimes against the public administration are among the predicate offences of Legislative Decree 231/2001. When unlawful conduct is committed in the interest or to the advantage of the entity, the company may be subject to significant pecuniary sanctions and interdictory measures such as suspension of activity and prohibition on contracting with the public administration.
What is illicit influence peddling?
Illicit influence peddling (Article 346-bis of the Criminal Code) punishes those who, claiming existing or apparent relations with a public official, seek or are given benefits in exchange for exercising such influence. Unlike corruption, it does not require a direct agreement with the public official. The defence verifies the actual claimed capacity for influence, the effective realisation of the conduct, and the distinction between lawful lobbying and criminally relevant conduct.
How is a company defended against corruption charges in public procurement?
In corruption proceedings related to public procurement, the defence of the entity and its director requires an in-depth analysis of how the contract was awarded, compliance of selection procedures, and documentation of relations with the public administration. It is essential to demonstrate the correctness of the procedural process and the absence of corrupt agreements, distinguishing normal commercial relations from criminally relevant conduct.
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