This contribution analyses the problematic consequences of the abrogation of the article 346 of the Italian Criminal code and its assumed incorporation into the "renewed" crime of influence peddling. Although the declared intention of the legislator was to include under the Article 346-bis of the Italian Criminal Code all the conducts previously subsumed under Article 346, part of the case law following the 2019 reform has not respected the "voluntas legis", qualifying in terms of fraud the so-called "corruptive" fraudulent representation, previously referable to the second paragraph of Article 346 of the Italian Criminal Code.
Il “nuovo” inquadramento giuridico del c.d. millantato credito “corruttivo”. I perduranti disorientamenti giurisprudenziali
ponteprino
2022-01-01
Abstract
This contribution analyses the problematic consequences of the abrogation of the article 346 of the Italian Criminal code and its assumed incorporation into the "renewed" crime of influence peddling. Although the declared intention of the legislator was to include under the Article 346-bis of the Italian Criminal Code all the conducts previously subsumed under Article 346, part of the case law following the 2019 reform has not respected the "voluntas legis", qualifying in terms of fraud the so-called "corruptive" fraudulent representation, previously referable to the second paragraph of Article 346 of the Italian Criminal Code.File | Dimensione | Formato | |
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DPP_2022_8_traffico di influenze.pdf
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