On the role of the entity in the fight against corruption: a modern Atlas
The paper analyzes the role assigned by the legislator to the entity in the fight against corruption, paying attention to the provision contained in paragraph 5-bis of art. 25 (bribery, undue induction to give or promise benefits and corruption) d. lgs. June 8, 2001, n. 231. The essay highlights the...
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| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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Instituto Brasileiro de Direito Processual Penal
2020-10-01
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| Series: | Revista Brasileira de Direito Processual Penal |
| Subjects: | |
| Online Access: | http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/440 |
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| Summary: | The paper analyzes the role assigned by the legislator to the entity in the fight against corruption, paying attention to the provision contained in paragraph 5-bis of art. 25 (bribery, undue induction to give or promise benefits and corruption) d. lgs. June 8, 2001, n. 231. The essay highlights the practical application criticalities of this provision and their main causes, among which the growing tendency to overload the institution with insufficiently rewarded cooperative burdens, which, even according to a constitutionally oriented reading, should, at the very least, to be equally shared with public authorities. The solution proposed is the one recommended by the B20 summit in Los Cabos (Mexico) on 17 June 2012: developing a clear and concrete reference framework that exactly disciplines conditions, terms and advantages of the institution’s cooperation in the judicial authority investigations, so as to guarantee an equilibrated and acceptable balance between preventive-repressive efficiency and freedom needs for the institution and within the institution. |
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| ISSN: | 2525-510X |