Lo stato patologico del provvedimento amministrativo quale esito del delitto di concussione e corruzione

Abstract

The different pathologies of an administrative provision reverberate in the context of the configuration of the criminal case. The pathology of the administrative act presents critical profiles that relate to the controversial relationship between non-existence, annulability and nullity, as well as the consequences deriving from the non-total overlap between invalidity and ineffectiveness. The present research aims at identifying which role the administrative provision - accomplished by the public employee - performs in the configuration of the crimes of corruption, for the exercise of the function, bribery and undue induction to give or promise benefits as introduced or modified by the Law 190 of 2012, and what is the legal qualification of its pathology.