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The struggle against the phenomenon of corruption among private agents has been at the center of the Italian criminal debate for years, even though the legal definition (fattispecie criminosa) of article 2635 of the civil code has been substantially ignored by law operators. The fundamental stages of the normative history of the corruption among private agents in Italy were: 1-2002: the innovative introduction of incriminating norm in article 2635 of the civil code by the legislative decree of April 11, 2002, n. 61; 22012: the profound normative change in the aforementioned provision by the law of November 6, 2012, n. 190; 32016: the addition to article 2635 of the civil code of a later paragraph, regarding confiscation, through the legislative decree of October 29, 2016 n. 202; 4the reform of the subject made by the legislative decree of March 15, 2017, n. 38. The aforementioned legislative route seems to have been determined by the need to comply with the obligations laid down by legislative acts of the European Union and the international law. This is demonstrated in particular by the decision – in contradiction with what the European Union's normative acts determined – not to insert the crime under examination in the penal code, alongside the crimes of "public" corruption. In the successive pages, once the international normative framework has been examined, the main points of the legal definition (fattispecie criminosa) of article 2635 of the civil code will be analyzed.

revista de constitucionalização do direito brasileiro

Il delitto di corruzione tra privati in prospettiva comparatistica: la disciplina italiana (artt. 2635 e 2635-bis c.c.) a confronto con quella inglese (secs. 1 ss. Bribery act 2010), e spagnola (artt. 286-bis / 286-quater codigo penal) - Parte I