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Corruption of Public Officials: Analysis of the Judgment of the Supreme Court, Criminal Section VI, No. 11626 of 2020

The recent judgment of the Supreme Court, No. 11626 of 2020, has raised significant questions regarding the corruption of public officials, particularly in the context of bankruptcy procedures. The decision confirmed the importance of the qualification of public official for the assistants to the bankruptcy trustee and clarified the responsibility of the companies involved in acts of corruption.

The Case and the Court's Decision

In this case, the individuals C.M., H.H.B., and K.J.H. were accused of corruption for acts contrary to their official duties. The Court of Appeal of Rome had confirmed the administrative liability of the companies “Boskalis International BV” and “(OMISSIS) s.r.l.”. The Supreme Court rejected the appeals filed by the defendants, highlighting that, despite the occurrence of prescription, the criminal responsibility had been correctly assessed.

The Court reiterated that corruption in judicial acts exists even if the acts are formally in accordance with official duties, provided that there is an advantage for one party in the process.

The Implications of the Judgment

  • The qualification of public official for the assistants to the bankruptcy trustee has been confirmed, emphasizing their crucial role in managing assets in bankruptcy proceedings.
  • The judgment clarifies that corruption in judicial acts can also manifest in a “subsequent” form, meaning even after the act has been performed.
  • The administrative responsibility of the companies is autonomous and is not influenced by the prescription of the criminal responsibility of the individuals involved.

Conclusions

The judgment No. 11626 of the Supreme Court represents an important reference for understanding the dynamics of corruption in the public sector, particularly in the bankruptcy field. The confirmation of the qualification of public official for the assistants to the trustee and the responsibility of the implicated companies provide relevant insights for legal practitioners and companies operating in similar contexts. It is essential that businesses adopt appropriate organizational models to prevent the risk of corruption and protect their reputation.