The Occhi aperti Report by Libera and Corruption 2.0: New Forms of Illicit Exchange

1. The fact

   According to reports from outlets such as La Repubblica and Avvenire, Libera's Occhi aperti report documents a radical transformation of illicit conduct within the Public Administration. This is no longer about an isolated proceeding, but rather a widespread case history centered on the creation of a system of communicating vessels between the public and private sectors.

   In 40% of the 451 cases analyzed, which are mostly at the preliminary investigation or preliminary hearing stage, the exchange does not occur via cash. Prosecutors are alleging the use of sham consultancies awarded to relatives of officials, entry into corporate structures of companies favored in tenders, and promises of employment. The most affected sector is public works, with particular focus on expedited procedures linked to PNRR funds.

2. 

   The rules at play

   The key provision is Art. 318 of the Criminal Code (corruption for the exercise of functions), which punishes any public official who unduly receives money or another benefit. If the payment or promise is aimed at committing an act contrary to official duties, Art. 319 of the Criminal Code applies, carrying significantly higher penalties.

   Legislative Decree 231/2001 is of fundamental importance, as when corruption is committed in the interest or to the advantage of a company, the entity faces financial and disqualifying sanctions. In public procurement, Art. 211 of Legislative Decree 36/2023 (Public Procurement Code) regarding ANAC's powers and Art. 32 of Law 114/2014, which allows for the extraordinary receivership of the company in the event of severe irregularities, are also highly relevant.

3. What the jurisprudence says

   Supreme Court case law has clarified that the notion of other benefit encompasses any advantage, whether economic or non-economic, that is objectively measurable and capable of satisfying a personal interest of the public official, including employment or professional benefits granted to third parties.

   Regarding consultancies, the courts have established that even a partially or formally executed performance can constitute corruption if the compensation is manifestly disproportionate to market standards, operating as the price of consent. Administrative jurisprudence has also confirmed that ANAC's supervisory measures constitute valid grounds for contracting authorities to exercise their powers of self-defense.

5. Analysis drafted and verified with edit.legal

   To verify the provisions cited in this article, we used edit.legal. Test our legal AI on official sources and apply it to your own matters.

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8. What it teaches professionals

   First, it is essential for legal advisors to advocate the adoption and updating of 231 organizational models, incorporating specific protocols to oversee the awarding of external assignments, especially when involving individuals related to public officials. Second, companies should document fee reasonableness through market benchmarks prior to executing high-risk agreements.

   It is equally critical to retain comprehensive tangible evidence of the services performed in order to refute allegations of sham assignments. Lastly, legal professionals must ensure the traceability of discretionary choices in public procurement procedures, verifying that every decision is thoroughly supported by technical justifications.

References: Articolo 318 Codice PenaleArticolo 319 Codice PenaleDecreto Legislativo 231/2001Decreto Legislativo 36/2023Legge 114/2014

Editorial oversight: Avv. Federico Papa·ICAMUpdated 1 June 2026Content drafted with AI support and subject to editorial source checks. Despite these controls, inaccuracies may remain: reports and rectification requests are welcome. Report a correction