CIVIL SERVANT - EXCEEDING THE DUTIES OF SERVICE - ACTIVE OR NON ACTIVE SUBJECT OF THE CRIME OF BRIBERY
CIVIL SERVANT - EXCEEDING THE DUTIES OF SERVICE - ACTIVE OR NON ACTIVE SUBJECT OF THE CRIME OF BRIBERY

Summary/Abstract: An essential condition to be met for the retention of the crime of bribery is that the active subject has the necessary competence to perform the promised act in exchange for receiving undue benefits. Starting from a practical case, we will highlight the fact that in the situation of a control exercised by an inspector of the National Authority for Consumer Protection over a commercial space, it is necessary for the civil servant to have the necessary delegation to perform this activity. In the situation in which the civil servant acts outside the attributions of service, it will not be possible to retain the crime of bribery because there is no effective control carried out by the inspector of the National Authority for Consumer Protection. By exceeding the service attributions, the civil servant will not be an active subject of the crime of bribery but will be possible to establish administrative sanctions. In this situation, the civil servant will be responsible for influence peddling in the situation in which he promised that he will intervene next to a person who has the competence to fulfill the promised act. If the civil servant has promised to perform that act himself, but does not have the necessary competence to perform the act, the official will be liable for the crime of deception. We consider that the employed inspector of the National Authority for Consumer Protection who, although having as service attributions the finding of contraventions and the application of sanctions under the law, in the absence of an express delegation to carry out a control over a commercial space will not be active subject to the crime of taking bribery even in the event of receiving undue benefits.

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