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Analysis of the Judgment of the Court of Cassation, Criminal Section VI, No. 3750 of 2021: Reflections on Extortion and Undue Inducement

The judgment of the Court of Cassation No. 3750 of 2021 has sparked extensive debate among legal practitioners, providing significant clarifications on the distinction between the crimes of undue inducement and instigation to corruption. The decision highlighted not only the importance of evidence in criminal proceedings but also the delicacy with which the actions of public officials and their influence on private individuals must be interpreted.

The Case Under Review

In the case examined, T.L., a public official, was accused of attempted undue inducement against A.N., the owner of a waste collection company. T.L. had requested a payment of 2500 euros to facilitate the execution of the service contract, thus acting in an abusive position of his public office. The Court of Appeal of Naples had confirmed the conviction, but T.L. appealed, arguing that the recording of the conversation between the two was inadmissible and that A.N. had acted as a provocation agent.

The Court clarified that the attempt of undue inducement can be configured even when the private individual does not obtain an undue advantage, emphasizing the importance of protecting the integrity of public function.

The Arguments of the Court of Cassation

The Court of Cassation rejected T.L.'s appeal, stating that the Court of Appeal had correctly assessed the admissibility of the evidence and the credibility of the injured party. In particular, it was highlighted how the criminal initiative had originated from T.L., who had persistently and peremptorily solicited A.N. The Court also excluded the possibility that A.N. could be considered as an instigator of the crime, reiterating that the crime of undue inducement is not a bilateral crime but is configured autonomously.

Legal Implications and Final Reflections

  • The crime of undue inducement presupposes psychological pressure on the private individual, different from instigation to corruption.
  • The recording of conversations can be used as evidence, provided that it is not classified as interception of confidential communications.
  • The distinction between undue inducement and instigation to corruption is fundamental to understanding the responsibilities of public officials and private individuals.

In conclusion, the judgment of the Court of Cassation No. 3750 of 2021 represents an important step forward in clarifying the rules related to corruption and abuse of power. It also serves as a warning to public officials about the necessity of maintaining integrity and transparency in their actions.