The offense of corruption among private agents in a comparative perspective: the Italian discipline (article 2635 and 2635-bis cc) compared with the English (§ 1 ss Bribery Act 2010) and Spanish ones (art 286-bis / 286-quater criminal code) – Part II

Abstract

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. Once, in part I, the international normative framework has been examined and the main points of the legal definition (fattispecie criminosa) of article 2635 of the civil code have been analyzed, we will proceed to a comparative study of the English and Spanish legal systems, from where possible indications on how to organize the Italian criminal law in the matter of corruption between private agents can be drawn.

Keywords

• corrupção
• instigação à corrupção
• direito penal corporativo
• convenção de estrasburgo de 1999