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The preventive role of the judiciary in protecting the financial interest of the European Union.
A comparative analysis for improved performance
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Withdrawal or suspension of the permit for the operation of the legal person or prohibition of
carrying out its business.
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Prohibition of carrying out specific business activities or of establishing branches or of capital
increase for the same period of time.
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Exclusion from public grants, aids, subsidies, awarding of contracts for public works or services,
procurement, advertising and tenders of the public sector or of the legal persons belonging to
the public sector.
All the above sanctions can be decided for a period of up to six months.
4.2.2.
The Italian case
With regard to penalties, one should note that Italian law, in addition to providing the criminal sanction
for the natural person who committed the offence, provides for specific sanctions for the companies as
well. In particular, art. 9 provides for the following sanctions:
financial penalties;
confiscation;
publication of the criminal decision;
bans;
Bans include:
the ban to exercise the activity;
the suspension or revocation of the authorizations, licenses or concessions;
the prohibition of contracting with the public administration (including public
procurement), except for obtaining a public service;
the exclusion from grants, contributions or subsidies and any withdrawal of those already
granted;
the prohibition to advertise goods or services.
Ban sanctions may last no less than three months and not more than two years. The judge has a large
discretionary power of choice with concern both to the length of the sanction (from three months to two
years) and to the specific choice of the sanction
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.
4.2.3.
The Lithuanian case
According to Art. 43 of the Criminal Code, there are three types of penalties for the legal entities for all
crimes where such type of criminal responsibility is applied – including corruption crimes, money
laundering, fraud and crimes against the financial interest of EU (if they fall in any of the crimes listed in
the CC – see above):
a fine;
restriction of operation of the legal entity;
dissolution of the legal entity.
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CERQUA L., LUPARIA L., CANZIO G.. 2014. Diritto penale delle società. Profili sostanziali e processuali.