Criminal protection of the emergency in the Italian legal order: from the tightening of anti-corruption measures to the weakening of office abuse

The health emergency has led the legislator to an organic intervention aimed, among other things, at simplifying administrative procedures and speeding up bureaucratic activities. In this context, the reform of the crime of abuse of office is aimed at reducing the responsibility of public administrators in order to facilitate the country recovery through public action. A counter-trend is, therefore, observed in the criminal protection of the emergency: it passes from a season of criminalization and increasing in sanctions for corruption crimes to an intervention that considerably mitigates the criminal liability of public subjects. Furthermore, this reform is not part of the provisional and contingent interventions of the emergency phase but definitively modifies the crime in question. The intervention will, therefore, be aimed at deeping the ratio of this legislative choice, the critical issues and the appreciable aspects of the same.