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The punishment is greater (Article 319-bis of the Civil Code) if the action referred to in art. 319 p.p. concerns the attribution of public employment or wages or pension installments or the drafting of agreements involving the administrative body to which the public official belongs.

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Art. 319-ter c.p.

(Corruption in judicial documents) In the event that the actions listed in articles 318 and 319 c.p. they are completed in order to benefit or harm a person involved in a civil, criminal or administrative process, the punishment consists of imprisonment from three to eight years.

In the event that the action involves the unlawful sanction of a person subject to detention for a period of no longer than five years, the punishment consists of imprisonment of four to twelve years; if instead it involves the illegitimate sanction to detention for a period longer than five years or to life imprisonment, the punishment is imprisonment from six to twenty years.

Art. 320 c.p. (Corruption of a person in charge of a public service)

The provisions of art. 319 are also valid for the employee of a public employment; those pursuant to art. 318 p.p. they are valid also for the person assigned to a public service, in the case in which he holds the position of public employee.

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However, sanctions have decreased by no more than one third.

Art. 321 c.p. (penalties for those who corrupt). The penalties established by the first paragraph of article 318, in art. 319, in the art. 319-bis, in article 319-ter and in art. 320 c.p. regarding the aforementioned cases of articles 318 and 319 of the Italian Civil Code, are also valid for those granting or guaranteeing to the public official or to the public service officer cash or other income.

Art. 322 c.p. (incitement to bribery)

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Who grants or insures cash or other income that does not belong to a public official or to a public servant who holds the role of public servant, to push him to perform an action of his employment, is subjected, if the grant or the guarantee is not accepted, to the sanction decreed by the first paragraph of the art. 318 of the Italian Civil Code, decreased by one third.

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If the concession or guarantee is given to persuade a public official or a person in charge of a public function to leave out or postpone an action relating to his employment, or to take action against his charges, the controller is subject, if the concession o the guarantee is not accepted, to the sanction decreed by the art. 319 of the Italian Civil Code, decreased by one third.

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The sanction set forth in the first paragraph is valid for the public official or the person in charge of a public function that holds the position of public employee who requests a guarantee or grant of cash or other income from a private person for the purposes listed by the art. 318 p.p.

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The penalty provided for in the second paragraph is valid for the public official or the person in charge of a public function that requires a guarantee or payment of cash or other income from a private person for the purposes listed in art. 319 p.p.

Art. 322-bis c.p. (theft of public money, bribery, corruption and incitement to corruption of members of Community bodies and of Community officials of third States). The provisions of articles 314, 316, 317 to 320 and 322 c.p., third and fourth paragraphs, are also valid for:

the members of the European Commission, the European Parliamentary Parliament, the Court of Justice and the Court of Auditors of the European Union;

employees and employees hired by contract on the basis of the deed of the European Union bureaucrats or of the adoptable system for community workers;

the persons appointed by the Member States or by all bodies of a public or private nature in the European Union, which hold equivalent roles to those of the European Union s employees or employees;

the members and managers of bodies born in implementation of the conventions establishing the European Union;

the subjects who, in other Member States of the European Community, hold positions or duties equivalent to those of public officials and public sector employees. The provisions of articles 321 and 322 of the first and second paragraphs of the first paragraph are also applicable in the event that cash or other income is granted, donated or guaranteed:

to the subjects listed in the first paragraph of the aforementioned article;

to persons who perform roles or duties equivalent to those of public officials and public sector employees in other States or public bodies at international level, if the action has been completed to ensure to itself or to third parties an illegitimate benefit in economic interventions on the international level.

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Contact us in case of detention or criminal or civil problems. The law firm in London, New York, La Vegas, Rome, Naples, Milan, Italy, Germany, Spain, France and has over 15 foreign branches, is directed towards criminal and international law, a format for criminal lawyers mainly deals with the defense of people accused of crimes penalties such as drug trafficking, financial and economic crimes, white-collar crimes, murder, violence, rape and any type of crime. Contact us now for effective criminal defense.

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