La corruzione privata nel diritto penale europeo. Modelli di tutela e norme adottate.

This doctoral thesis, entitled "Private bribery in European criminal law. Protection models and adopted rules", analyzes the current and complex issue of private bribery with reference to the systems of the main European countries, with particular attention also to the European Union law. After having preliminarily exposed the concept of private bribery, accepting the principal-agent model as the most suitable one to describe it, the possible causes and consequences of private bribery are analyzed, also with reference to the sociological and economic aspects, and to the supranational law implementation tools (Chapter I). The research then continues with the exposition of the main contrast models, in which the object of protection is different. The general characteristics of each model are described and then the rules of the countries that refer to it, to evaluate the correspondence to the model theoretical hypotheses. The three reference models identified are: private model (patrimonialistic and loyalistic model), unitary model and public model (free competition model). In the private model, the employer's assets and trust in the relationship between worker and employer are substantially protected; the countries analyzed are France, in relation to the now repealed legislation, Austria, Portugal and the Netherlands (Chapter II). Then follows the discussion of the unitary model, where the rules on corruption are contained in the same legislation (in most countries, however, there is a separate statute, with more severe sanctions for the corruption of public officials). Most of the analysis focuses on Great Britain (Bribery Act 2010), but Sweden is also covered (Chapter III). In the public model, present in different forms in France with the new legislation, Spain and Germany, the object of protection goes beyond that of the relationship between worker and employer, since collective interests are also protected: shareholders, consumers, free competition, the correct functioning of the economic system, the rule of law itself (Chapter IV). The case of Italy is then analyzed (Chapter V), where the rules on private corruption are contained in the civil code, in the part dedicated to corporate criminal law. Italian legislation has undergone several changes over time, the last of which was in 2019, necessary to adapt it to European Union regulations; the result, although not fully satisfactory, has remedied some of the critical issues present in the previous versions of the standard. Finally (Chapter VI) the relationship between private bribery and business is discussed, since this phenomenon manifests itself mainly, although not exclusively, in entrepreneurial activity. Highly current issues are addressed such as codes of ethics, compliance programs, in relation to private self-regulation, and aspects such as whistleblowing and additional sanctions for companies guilty of private bribery compared to public intervention.