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In brief

Law no. 137 of 9 October 2023 introduced the offences of Bid Rigging (Article 353 of the Criminal Code), Interference with the Tender Process (Article 353-bis of the Criminal Code) and Fraudulent Transfer of Values (Article 512-bis of the Criminal Code) in the list of predicate crimes pursuant to Legislative Decree no. 231/2001.


Key takeaways

The crime of Bid Rigging punishes anyone who unlawfully interferes in the procedure for selecting the contracting party by means of violence or threats, or by gifts, promises, collusion or other fraudulent means.

The crime of Interference with the Tender Process punishes the conduct aimed at disrupting the administrative procedure for determining the terms and conditions for the selection of the contracting party before the public tender is launched, in order to influence the related result.

The crime of Fraudulent Transfer of Values punishes the conduct of anyone who, with the aim of evading measures of patrimonial prevention or facilitating the commission of the crimes of receiving stolen goods, money laundering and self-laundering, fictitiously attributes to others the ownership or availability of money or assets.

The innovations reported here are symptomatic of the legislator’s increasing focus on the fair conduct of economic operators in their relations with the public administration in the context of public procurement proceedings. This can also be seen in the severity of the sanctions applicable to entities, which may entail disqualification from carrying on business with public entities.

It is clear, therefore, that the amendment will lead to an increase in the burdens on companies, which will be called upon to promptly adapt their Organizational Model pursuant to Legislative Decree 231/2001.

Author

Roberto Cursano has been a lawyer in Baker McKenzie since September 2007. He focuses on healthcare law and compliance, and assists in tender procedures, the negotiation of public contracts and litigation before administrative courts. Mr. Cursano is a former administrative officer in the Italian Ministry of Health and helps clients work closely with the Italian Public Administration. He is admitted to the bar before the Italian Supreme Court and the Council of State. As well as training and tutoring in the master’s degree program on clinical trials of pharmaceutical products at the University of Rome Sapienza, Mr. Cursano regularly publishes articles and scientific contributions. He also frequently hosts and participates in seminars and presentations on pharmaceutical and administrative law matters.

Author

Francesca R. Baratta is an Associate in Baker McKenzie Rome office.

Author

Riccardo Ovidi is an Associate in Baker McKenzie Rome office.

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