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Reporting channels and the fight against corruption in the public and private...

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發表於 2024-3-7 16:40:56 | 顯示全部樓層 |閱讀模式

The fight against corruption in modern societies additional behaviors are required to those of a pure regulatory framework in the penal or administrative sanctioning field. To put it more clearly: the criminal reproach and, therefore, the administrative one, has become insufficient to achieve a fight against pathological behaviors in the field of public corruption, first, and corruption between individuals, a posteriori. The insufficiency stems from a cluster of factors ranging from the criminal's sophistication in the formulation of the offense to the ability to operate in countries where there are no conventional legal relationships or where legal relationships are established in a non-conventional manner.


This has led to a reduction in the degree of effectiveness  Italy Telegram Number Data of the police and judicial systems, no matter how much progress has been made in the regulations that regulate both areas. Based on the verification of this reality, the eyes of the world, especially, from the anglo-saxon and from the european union itself, they turned to individuals. It was suggested that the effectiveness of this fight would only progress from citizen collaboration. This consideration has forced, in turn, to reformulate the legal techniques for the protection of persons that collaborate in the discovery of the behaviors that find a penal or administrative classification. In this context, it is sought, as we say, the collaboration of the complainant.



The first technique that is imported from the field of competition is the one related to the reduction of the degree of responsibility and the sanction of the collaborating whistleblower. The denunciation of the collaborator passes to our legislation and today it is contemplated in the procedural norms of a common nature. It is true, however, that the spectrum of collaboration could be broader than that referring to the person who has participated in the facts and seeks their exculpation. Society as a whole has or can have a relevant role in this collaboration. This is where the so-called complaint channels arise. European legislation devoted, initially, a series of efforts to encourage -more or less euphemistically speaking- the creation and management of channels.

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