Anti Bribery Laws and policies cover a complex system of sanctions to monitor the preventive measures mentioned. In particular, if a corruption crime established by a final judgment is committed within the administration, the PRC is responsible for management and disciplinary measures, as well as for tax damages and the image of the company.
The legislation also provides for an exemption model borrowed from the one concerning liability from the offenses of the bodies pursuant to a Legislative decree. In short, to have prepared the plan correctly and to have monitored its operation and compliance.
The PRC also responds in a managerial and disciplinary way even in case of repeated violations of the preventive measures envisaged by the plan, unless it proves to have communicated to the offices the measures to be adopted and to have supervised the observance of the same plan.
The employees of the administration answer in a disciplinary way of the violation of the preventive measures and of the failure to report to the hierarchical superior of the corruptive acts of which they have come to know.
Administrative transparency and protection of whistleblowers
The subject is today governed specifically by a Legislative Decree, which defines transparency as the total accessibility of the information concerning the organization and activity of the peers, in optics of an open administration and at the service of the citizen.
In this regard, the introduction of the institution of civic access, which allows anyone to ask the pp.aa. the documents, documents and mandatory publication information held by them and not yet disseminated on the institutional websites. It is the responsibility of the Transparency Manager (RT) – a role normally assigned to the Prevention Manager – to supervise the fulfillment of the publication obligations associated with the anti bribery laws.
For the purpose of encouraging the emergence of the offenses, a regulation to protect whistleblower (Employer reporting the offenses), which can not be sanctioned, dismissed or discriminated for reasons connected with the reporting or reporting of illicit behavior. This is applicable even if different from the corruptive ones, of which he came to know by reason of the employment relationship. This provision, however, does not apply in cases where the report includes slander or defamation.
Finally, within certain limits, confidentiality obligations on the identity of the reporting party and limitations on the right of access to the complaint are envisaged.
Prevention tools
In the new system of prevention of corruption there are other instruments represented by the codes of conduct of civil servants, for whom there is also a twofold level of regulation: a general code and the codes of the individual administrations.
