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Commentary on Judgment No. 16672 of 2023: Influence Trafficking and Corruption

Judgment No. 16672 of February 2, 2023, filed on April 19, 2023, provides an important reflection on the distinction between the crime of influence trafficking and that of corruption. Issued by the Court of Cassation and reported by Judge G. De Amicis, this ruling addresses a specific case in which a public official collaborated with other agents to evade police checks on money and value transfers abroad.

The Context of the Judgment

The case involved a corrupt agreement aimed at bypassing regulations on the control of money transfers in the airport context. The Court established that the crime of influence trafficking cannot be configured when a corrupt public official has independently recruited other public officials to execute such an agreement, without carrying out any direct mediation between them and the private briber.

Corrupt agreement - Collaboration in the execution phase of unrelated public officials - Configurability of the crime of influence trafficking - Exclusion - Conditions - Case. The crime of influence trafficking is not configurably established in the case where, in order to execute a corrupt agreement (in this case, instrumental in evading the police checks provided by the navigation code at airport terminals on sums of money, securities, or values transferred abroad) and in strict functional and temporal connection with it, the corrupt public official made use of the collaboration of other public agents, whom he independently recruited and remunerated, without carrying out any mediation between them and the private briber.

Legal Implications

This judgment clarifies some fundamental aspects of Italian legislation regarding corruption and influence trafficking, as established by Articles 319 and 346 bis of the Criminal Code. The Court highlighted the necessity of a direct connection between the public official and the private briber for the crime of influence trafficking to be established. The distinction between the two crimes is crucial for understanding the criminal responsibility of public officials and for the application of anti-corruption laws.

Conclusions

Judgment No. 16672 of 2023 represents an important step in the fight against corruption and illicit trafficking in the public sector. It emphasizes the need for a clear distinction between different types of crimes, contributing to a more defined legal framework and greater certainty for legal practitioners. This ruling not only clarifies the responsibilities of public officials but also provides insights for future jurisprudential and legislative interpretations.