Prosecution of Criminal Offenses
In Italy, only Public Prosecutors can bring charges for bribery or other offenses. The investigation is carried out by the police and coordinated by the Public Prosecutor following notice of a fact that might be considered an offense. Once the investigation is concluded, the Public Prosecutor must bring charges unless he or she considers that the case should be dismissed. For offenses such as bribery which have to be dealt by the Collegiate Court and in some cases by the Single Judge Court (who, according to Article 33 of the Criminal Procedure Code, has authority over all offenses that carry a maximum term of imprisonment of ten years, unless they fall within the jurisdiction of the Justice of the Peace), the Public Prosecutor submits a request for trial to the Judge for the preliminary hearing.
Once the preliminary hearing is over, the judge can either issue an indictment or terminate the prosecution.
Italian Anti-bribery and Corruption Authority (“ANAC”)
ANAC (the National Anti-bribery and Corruption Authority) is the authority which oversees the entire anti-corruption system in Italy.
ANAC is an independent authority and holds a wide range of powers such as (i) supervision of public works, services and supply contracts; (ii) ensuring that the performance of public contracts is covered by sufficient financial guarantees; (iii) reporting to the Government and Parliament regarding particularly serious non-compliance or distorted application of sectorial legislation; (iv) advising the Government on changes of sectorial regulations; (v) preparing an annual report on the activity carried out by ANAC, which highlights the dysfunctions encountered by the authority in the exercise of its functions; (vi) supervising the qualification system of executors of public works contracts and exercising related sanctioning powers; (vii) supervising compliance with the prohibition of awarding contracts through procedures other than the ordinary ones; and (viii) for contracts of particular interest, carrying out activities of collaborative supervision, aimed at supporting other authorities in the preparation of acts and in the organization of tender procedures.
ANAC manages the National Database of Public Contracts in order to ensure accessibility, transparency, publicity and traceability of the tendering procedures.