Law 3/2019, which contains “Measures to combat offences against the public administration and concerning limitation periods for offences and the transparency of political parties and movements” (“Anti-corruption Decree”) has amended the list of predicate offences set out in art. 25 of Legislative Decree 231/2001, adding the offence of trading in influence pursuant to art. 346-bis of the criminal code. The latter provision punishes anyone who, by exploiting existing relationships with a public official or a person in charge of a public service, obtains or requests a promise to obtain money or another undue advantage for themselves or a third party. This may either be the price for their unlawful mediation or to remunerate a public official or person in charge of a public service for doing something that constitutes an abuse of his/her duties and/or powers. Cases of the offence include where the recipients are members of the European Commission, the European Parliament, the Court of Justice of the EU and the European Court of Auditors. Should the offence in question be committed, the entity will be subject to a fine of a minimum of EUR 51,646, up to a maximum of EUR 309,874.
