Selected Case Studies: The Case Study of Italy

This contribution focuses on the position of Italy vis-à-vis EU criminal law, and on the impact of the latter on the Italian criminal justice system. First, it describes the overall Italian approach to EU criminal justice and discusses two key issues concerning the protection of the Union’s financial interests in Italy, namely the application of the ne bis in idem principle in case of concurrent administrative and criminal proceedings on the same facts and the implementation of the Regulation on the European Public Prosecutor’s Office. The focus of the analysis then moves on to the implementation of the Directive on the fight against fraud to the Union’s financial interests by means of criminal law in Italy, by looking at the challenges its transposition may raise with regard to: definition of, and penalties for, the crimes listed in the Directive; inchoate offences and liability of legal persons; prescription; and freezing and confiscation. The analysis shows that, while the Italian legislator has not always been a model to follow when it comes to the implementation of EU criminal legislation, Italian courts have instead been very proactive in ensuring that the national system is in line with EU principles and obligations.