The case, explained
Libera's Occhi aperti Report and Corruption 2.0: New Forms of Illicit Exchange
6 min read · Updated June 2026 · Editorial oversight: Avv. Federico Papa
Recently, the Libera association presented an update to its Occhi aperti report, a detailed analysis of 451 corruption cases mapped between 2022 and 2026. According to reports in the national press, the emerging picture outlines Corruption 2.0, where traditional cash bribes are replaced by sham consultancies, corporate shareholdings, and patronage hiring, affecting both the preliminary investigation and preliminary hearing stages across Italy. This article examines the evolving nature of corruption through the lens of criminal law and corporate liability, concluding with a didactic twin case to illustrate defense strategies in cases involving non-monetary benefits.
In brief
The analysis examines the evolution of systemic corruption in Italy based on the findings of Libera's report. The phenomenon is shifting from cash payments to the provision of professional and corporate benefits, complicating the proof of corrupt quid pro quo. It explores Articles 318 and 319 of the Italian Criminal Code, Legislative Decree 231/2001, and ANAC's role under the new Public Procurement Code, offering practical guidance on managing risk profiles associated with professional assignments.
The fact
According to reports in media outlets such as La Repubblica and Avvenire, Libera's Occhi aperti report documents a radical transformation of illicit conduct within the public administration. Rather than a single proceeding, a widespread practice emerges, centered on the creation of a system of communicating vessels between the public and private sectors.
In 40% of the 451 analyzed cases, mostly pending at the preliminary investigation or preliminary hearing stage, the exchange does not involve cash. Prosecutors allege the use of sham consultancies awarded to officials' relatives, equity entry into companies favored in public tenders, and promises of employment. The public works sector is the most affected, particularly regarding expedited procedures linked to PNRR funds.
The rules at play
The pivotal provision is Art. 318 of the Italian Criminal Code (corruption for the exercise of functions), which punishes any public official who unduly receives money or another benefit for themselves or a third party. If the favor is aimed at committing an act contrary to official duties, Art. 319 of the Italian Criminal Code applies, carrying significantly higher statutory penalties.
Legislative Decree 231/2001 is of fundamental importance: if corruption is committed in the interest or for the benefit of a company, the entity is liable to 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 administration of the company in the presence of serious anomalies, are particularly relevant.
What the jurisprudence says
Case law from the Supreme Court of Cassation has clarified that the concept of other benefit encompasses any financial or non-financial advantage that is objectively measurable and capable of satisfying an interest of the public official, including employment opportunities for third parties.
Regarding professional consultancies, the courts have established that even a partially performed service can constitute corruption if the fee appears disproportionate to market value, acting as the price of consent. Administrative case law has also confirmed that ANAC's supervisory measures constitute valid grounds for contracting authorities to exercise their self-protection powers.
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What it teaches professionals
First, legal advisors must implement robust 231 organizational models containing strict protocols for awarding external assignments, particularly when involving relatives of public officials. Second, the fairness of fees should be documented in advance through market benchmarks or expert valuations prior to executing sensitive contracts.
It is equally essential to retain tangible evidence of the services performed (so-called work products) to rebut any allegations of sham arrangements. Finally, attorneys must ensure the traceability of merit in public tender procedures, verifying that all discretionary administrative decisions are supported by thorough technical justification.
References: Articolo 318 Codice PenaleArticolo 319 Codice PenaleDecreto Legislativo 231/2001Decreto Legislativo 36/2023Legge 114/2014
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Frequently asked questions
What are the penalties for corruption committed through sham consultancies?
Statutory penalties range from 3 to 8 years of imprisonment for corruption for the exercise of functions (Art. 318 c.p.) and from 6 to 10 years for corruption for an act contrary to official duties (Art. 319 c.p.), in addition to disqualifying ancillary sanctions.
Can a company be sanctioned if an employee bribes an official?
Yes, under Legislative Decree 231/2001, the entity is liable if the offense was committed in its interest or for its benefit, unless it proves it had adopted and effectively implemented organizational and management models capable of preventing such crimes.
When is a consultancy considered a corrupt benefit?
A consultancy becomes criminal when there is no genuine performance, or when the fee is clearly disproportionate to market value and the complexity of the task, masking an illicit agreement to obtain administrative favors.
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