Abstract
This subject, whence the name of this paper originates from, must be addressed with courage and intellectual integrity by all of us, the different parts of the civil society, the public institutions, the entrepreneurs and the legal professionals, the youth and the new generations.All the public policies of the European governments share the belief of a direct correlation between the criminal density connected to corruption of States political and economic protagonists and the lack of availability of investments on young talents, new generations, both in the entrepreneurial and in the professional fields. In most Member States, anticorruption policies have gained an increased prominence in government agendas and the financial crisis has drawn attention to the integrity and accountability of policy-makers.Most Member States that are currently in serious financial difficulties have acknowledged the seriousness of issues related to corruption and have created (or are planning) anticorruption programs in order to deal with the risks deriving from this issue and with the diversion of public funds. In some Member States, the economic adjustment programs provide for explicit obligations related to anti-corruption policies. Even when not formally connected to adjustment programs, anticorruption policies complement the adjustment measures, especially in those countries in which corruption is a serious issue. During the European Semester of economic policy coordination, recommendations for efficiently fighting corruption have been laid out; Among the most vulnerable sectors, urban development and building projects are certainly very exposed to corruption risks and to infiltration of internal and transnational organized crime.
Highlights
All the public policies of the European governments share the belief of a direct correlation between the criminal density connected to corruption of States political and economic protagonists and the lack of availability of investments on young talents, new generations, both in the entrepreneurial and in the professional fields
Most Member States that are currently in serious financial difficulties have acknowledged the seriousness of issues related to corruption and have created anticorruption programs in order to deal with the risks deriving from this issue and with the diversion of public funds
In some Member States, the economic adjustment programs provide for explicit obligations related to anti-corruption policies
Summary
If we analyze this subject in terms of jurisprudence of legitimacy, we find out that the subsequent regulations on corruption crimes have set, for a brief period of time, diverging directions in the ordinary Divisions of the Court of Cassation, without landmark rulings in Joint Chambers. 53 Antinucci, Le investigazioni del difensore, cited the Court of Cassation, it falls within the scope of article 319 of the Criminal Law Code in the version preceding the amendment introduced by Law 190 of 2012 This is because the trial court has recognized that the persisting conduct of a public official, which frustrated against payment his monitoring function on the award of public supply contracts, is a “sale of position”, i.e. the commercialization of his discretionary power on multiple events of corruption connected by continuance of the crime, correctly non declaring the statute of limitation on some of these events, incorrectly considered as individual offenses.. : articles 5 and 6 of Legislative Decree 231 provide for elements “excluding” the company from the offense (even if committed by a chief administrator) that the judge must consider when confiscating assets that are not proceeds from crime
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