Law of 9 August 2024 No. 114 “On Amendments to Criminal Code, Code of Criminal Procedure, Judicial System and Code of the Military System” (Modifiche al codice penale, al codice di procedura penale, all'ordinamento giudiziario e al codice dell'ordinamento militare) indroduces, in particular, the following changes:

1. Exclusion of abuse of functions as corpus delicti

One of the key reforms is the exclusion of article 323 of the Criminal Code that criminalised abuse of functions, i.e. taking undue pecuniary advantage for oneself and/or third parties and/or damaging third parties in the exercise of professional duties in violation of the rules of conduct established directly by law or provisions having the force of law, or in personal interest.

The article was applicable to the holders of public positions and public servants with the offence being punished by imprisonment raging between one and four years.

2. Clarification of corpus delicti of trading in influence

Under the Law, article 346-bis of the Criminal Code is clarified by specifying that trading in influence is a deliberate illegal mediation and mediation aimed at inciting an official to commit an act (omission) against his/her professional duties and resulting in an illegal advantage.

In this context, officials are:

• Holders of public positions;
• Public servants;
• Members of bodies of the European Union and other EU officials;
• Persons seconded by Italy to fulfill the functions similar to duties in the EU;
• Members and employees of the EU entities established in accordance with the EU treaties;
• Foreign officials, i.e. officials of non-EU member states, where their act damages EU financial interests;
• Employees of international courts, including the International Criminal Court;
• Officials of international organisations;
• Members of international parliamentary assemblies.

The punishment for trading in influence has also changed: now it entails imprisonment from 18 months (previously, from one year) to four and a half years.

Additionally, the Law has expanded the list of aggravating circumstances in trading in influence by:

• The fact that the accused is an official;
• The crime is committed in relation to the exercise of judicial activities;
• Provision of remuneration to the official for his/her act (omission, including delay in the exercise of professional duties) against his/her professional duties.