On the books, the current anti-bribery normative system empowers an independent Authority (ANAC) to promulgate preventive rules with the aim to minimize the risk of maladministration, while criminal law should punish serious violation of values ex Art. 97 Const. In the practical implementation of that system, however, the ANAC precautionary-ethical rules tend to interact with the criminal offenses, especially in the field of public procurement: here, the Authority’s soft- and fast-law increases the area of application of the crime ex Art. 323 c.c., and exacerbates its anti-secular interpretation. All above, in the context of the “administrativization process” involving all crimes against the Public Administration.
Abuso d'ufficio e fast law ANAC. Antichi percorsi punitivi per nuovi programmi preventivi
Valentini
2018
Abstract
On the books, the current anti-bribery normative system empowers an independent Authority (ANAC) to promulgate preventive rules with the aim to minimize the risk of maladministration, while criminal law should punish serious violation of values ex Art. 97 Const. In the practical implementation of that system, however, the ANAC precautionary-ethical rules tend to interact with the criminal offenses, especially in the field of public procurement: here, the Authority’s soft- and fast-law increases the area of application of the crime ex Art. 323 c.c., and exacerbates its anti-secular interpretation. All above, in the context of the “administrativization process” involving all crimes against the Public Administration.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
