The new act on corruption pursues the objective of preventing, on the one hand, and sanctioning more strictly, on the other, behaviours by which the act of corruption takes place. The control system has therefore been reinforced, directly as well as indirectly; thus, prevention and control foreseen by legislative decree n. 231/2001 receive new impulse from this intervention by the legislator. However, legislative decree n. 231/2001 is of voluntary application, and its management raises high costs because of constant updates needed for the organization and management model as well as for the supervising body: further extending the latter’s tasks increases the risk that bodies, stating saving as reason for the decision, might avoid applying this system of prevention not only of corruption, managing the activity with lack of professionalism.
Il d.lgs. n. 231/2001 come strumento di prevenzione della corruzione: un primo bilancio
Patrizia Grosso
2016-01-01
Abstract
The new act on corruption pursues the objective of preventing, on the one hand, and sanctioning more strictly, on the other, behaviours by which the act of corruption takes place. The control system has therefore been reinforced, directly as well as indirectly; thus, prevention and control foreseen by legislative decree n. 231/2001 receive new impulse from this intervention by the legislator. However, legislative decree n. 231/2001 is of voluntary application, and its management raises high costs because of constant updates needed for the organization and management model as well as for the supervising body: further extending the latter’s tasks increases the risk that bodies, stating saving as reason for the decision, might avoid applying this system of prevention not only of corruption, managing the activity with lack of professionalism.
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