Analysis of Judgment No. 25650 of 2024: Trafficking in Illicit Influences and Paid Mediation

The judgment No. 25650 of March 5, 2024, by the Court of Cassation addressed a matter of significant legal importance: trafficking in illicit influences, as outlined in Article 346-bis of the Penal Code. This decision not only clarifies the boundaries of the unlawfulness of paid mediation but also provides points for reflection for professionals and citizens regarding the responsibilities related to mediation practices in the administrative context.

The Regulatory Context and the Specific Case

The norm in question, Article 346-bis of the Penal Code, defines the crime of trafficking in illicit influences, deeming any agreement between a mediator and a client aimed at obtaining advantages through the intervention of a public official as unlawful. The Court emphasized, in the judgment under review, that mediation is considered unlawful if the agreement is intended to extend beyond the dualistic relationship, aiming to influence the actions of a public official.

  • The director of the revenue agency, in this case, accepted offers from a private individual to favor intervention in an inspection activity.
  • The promise to sell a property at a price below the market rate highlights the unlawful nature of the mediation.
  • The Court confirmed the decision of the merit judges, deeming the defendant's conduct in violation of the law.

Reflections on the Legal Maxim

Trafficking in illicit influences - Formulation of Article 346-bis, Penal Code prior to the amendments made by Law No. 3 of 2019 - Paid mediation - Illegality of mediation - Notion - Legal case. In the context of trafficking in influences (in the version of Article 346-bis of the Penal Code in force prior to the amendments introduced by Law of January 9, 2019, No. 3), paid mediation is unlawful if the agreement between the client and the mediator is aimed at projecting itself beyond their dualistic relationship to obtain, through the exploitation of the real relationship of the intermediary with the public agent, the commission of an act contrary to the duties of office or otherwise undue, capable of producing advantages for the client. (In the case at hand, where the Court deemed the reasoning of the merit judges regarding the configurability of the crime correct, the director of the revenue agency had accepted from the private individual the promise to sell a property at a price lower than the market rate in exchange for his intervention, in favor of the client, on the military personnel of the financial police conducting an inspection activity regarding the same).

This maxim effectively summarizes the cornerstone principle of the judgment, highlighting that paid mediation can devolve into a crime if aimed at obtaining an illicit advantage. The Court of Cassation, therefore, stands as a bulwark against corrupt practices, reiterating the need to maintain a high standard of integrity in relationships between private individuals and public administration.

Conclusions

Judgment No. 25650 of 2024 represents an important milestone in the fight against corruption and trafficking in illicit influences. It clarifies not only the configurability of the crime but also serves as a warning for all professionals and citizens operating in the public sector. It is essential that mediation practices are conducted in compliance with regulations and legality, in order to ensure transparent and proper management of public resources and citizens' rights.

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