Criminal defence in proceedings involving public bodies, officials, public procurement, public grants and public resources
Offences against public authorities concern conduct that may affect the proper exercise of public functions, the management of public resources, relations between private parties and public bodies, and the regularity of procedures, authorisations, tenders, appointments and public funding. These proceedings require a coordinated review of the criminal case file, administrative documents and the context in which the alleged conduct took place.
The most relevant offences include embezzlement of public funds, extortion by a public official, corruption, undue inducement, unlawful receipt of public funds, misapplication of public funds, bid-rigging and other offences connected with public functions. Title II of the Italian Criminal Code sets out offences against public authorities, including offences committed by public officials against public authorities and offences committed by private individuals against public authorities.
Avv. Vecce assists public officials, persons entrusted with a public service, directors, professionals, companies and private individuals involved in criminal proceedings connected with public functions, public procurement, grants, authorisations, inspections and relations with public bodies.
Activities covered
Why it matters
Reconstructing the administrative context
In offences against public authorities, it is essential to understand the procedure, the documents, the competences involved, the roles and the powers actually exercised.
Assessing documents and communications
Administrative decisions, resolutions, tender documents, minutes, certified emails, ordinary emails, contracts, reports and authorisations may play a central role.
Distinguishing irregularities from criminal offences
Not every administrative anomaly gives rise to criminal liability. It is necessary to assess the conduct, the mental element, the person’s role and the link with the public function.
Managing collateral effects
The proceedings may affect employment, appointments, public contracts, reputation, relations with public bodies and business continuity.
FAQ
What are offences against public authorities?
They are offences that affect the proper functioning, impartiality, assets or trust placed in public authorities. They may involve public officials, persons entrusted with a public service, private individuals, companies and professionals.
What are the most common offences?
The most relevant offences include embezzlement of public funds, extortion by a public official, corruption, undue inducement, unlawful receipt of public funds, misapplication of public funds, bid-rigging and offences connected with tenders, public grants or public functions. Title II of the Italian Criminal Code contains the list of offences against public authorities.
What is the difference between corruption, extortion by a public official and undue inducement?
In general terms, corruption is based on an unlawful agreement; extortion by a public official involves abusive coercion by the public agent; undue inducement involves abusive pressure that leads a person to give or promise an undue benefit. The precise legal classification depends on the case file and on the reconstruction of the relationship between the persons involved.
Can an entrepreneur be involved in offences against public authorities?
Yes. A private individual may also be involved, for example in proceedings concerning corruption, undue inducement, bid-rigging, unlawful receipt of public grants or other offences connected with relations with public bodies.
Does an administrative irregularity always amount to a criminal offence?
No. It is necessary to distinguish between error, procedural irregularity, administrative liability, accounting liability and criminal liability. The assessment depends on the conduct, intent, the person’s role, the function exercised and the available documents.
Why is it important to analyse administrative documents?
Because the criminal allegation often arises from resolutions, administrative decisions, tenders, authorisations, reports, minutes or administrative checks. The defence requires a reconstruction of the procedure and an assessment of whether the prosecution has correctly interpreted the documents.
Does abuse of office still exist?
Article 323 of the Italian Criminal Code was repealed by Law No. 114 of 9 August 2024. 114. This does not remove the criminal relevance of other conduct against public authorities, which may still be prosecuted under different offences.
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