I delitti di corruzione tra empiria e norma. Repressione penale e prevenzione amministrativa

The research explores the anti-corruption instruments which range from criminal repression to administrative prevention. The study starts with an examination of the empirical foundation and is marked by the following steps: defining profiles, measures, causes and effects of the misconduct. After that, both the potential and limits of criminal law in the fight against corruption are assessed, evaluating the conformity of reality to the deontological discourse. Subsequently, the administrative devices are examined: what consequences do they produce on the penal system? Having examined this intersection, the dissertation investigates the congruity with respect to the preventive purpose of the extra-penal instruments; the consideration takes an organizational approach, which addresses risk governance (National Anti-Corruption Plan / Three-year Plan for the Prevention of Corruption and Transparency) as the backbone of the administrative system. Ultimately, the thesis illustrates how the legal system responds to the corruption issue, weighing the costs and benefits of the available strategies; the law, the problems and the need to solve them: not attenuating the constitutional sollen – which guarantees the functioning of a society of free people – in the complexity of the world purified by magic.