For many Campanian businesses, participating in public tenders represents an opportunity of undeniable strategic importance. Interacting with the public administration—and particularly with local authorities such as municipalities and local governments—not only allows them to access new contracts but also to consolidate their market position, while enhancing their reputation and reliability.
But alongside these opportunities, there are risks that are too often underestimated.
Public tenders, in fact, not only require financial stability and technical expertise, but also require strict compliance with specific legal rules. In dealings with public administration, certain behaviors may become criminally relevant, even when their implications are not fully understood.
Among the most relevant hypotheses are the disturbance of the freedom of auctions (Article 353 of the Criminal Code), the disturbance of the contractor selection process (Article 353-bis of the Criminal Code) and, in the most serious cases, corruption crimes (Articles 318 and 319 of the Criminal Code).
These aren't just egregious situations. Even seemingly marginal behaviors—such as unauthorized information exchange, informal contact, or non-transparent management of the tender process—can take on a very different significance when placed within the context of a public procedure.
In recent years, precisely for this reason, greater attention has been paid to prevention. More and more companies are adopting organizational models and internal procedures in line with Legislative Decree 231/2001, which governs corporate liability for crimes committed in their interest or to their advantage.
Yet, especially in Southern Italy, a culture of compliance is not yet fully established. This is a limitation that deserves to be overcome: the adoption of 231 models not only represents an effective preventative measure—given that crimes against the Public Administration are among the predicate offenses for registration under Legislative Decree 231/01—but can also serve as a reward for participating in public tenders.
This is a particularly timely issue in Campania, where the direct relationship between businesses and local authorities makes operating with transparency and fairness even more important.
We explored the topic in depth with Attorney Angelo Scarallo, a criminal lawyer specializing in corporate criminal law.
Lawyer, does participating in a public tender involve any particular risks?
Participation is absolutely legal and a fundamental tool for businesses. Risks arise when procedural rules are not fully respected or when non-transparent behavior is adopted.
What is the most common mistake?
"Underestimate informal relationships. Even a seemingly innocuous contact can be interpreted differently when placed in the context of a public tender."
Any practical advice for companies?
"Implement clear internal procedures and invest in staff training. Today, it's increasingly important to adopt 231 organizational models: not only to prevent liability, but because they represent a concrete sign of trustworthiness towards the Public Administration, which is still too rare in our country."
Working with the Public Administration is a great opportunity, but it requires awareness. With organization, transparency, and compliance, businesses can participate in public tenders safely, avoiding potentially serious consequences.
Luciano Carotenuto
In short
For many Campanian companies, participating in public tenders represents an opportunity of undoubted strategic importance.
- Interacting with the Public Administration – and in particular with territorial entities such as municipalities and local governments – allows not only…
- But alongside these opportunities, there are risks that are too often underestimated.
- Public tenders, in fact, not only require financial stability and technical ability, but also impose strict compliance with rules…
Key questions
What is the main point of the news?
For many Campanian companies, participating in public tenders represents an opportunity of undoubted strategic importance.
Why is this news relevant?
Interacting with the Public Administration – and in particular with territorial entities such as municipalities and local governments – allows not only…
Which detail helps us understand the case better?
But alongside these opportunities, there are risks that are too often underestimated.
Interesting article, useful for many businesses. However, it seems to me that some steps are missing: the explanation is confusing about how Model 231 works and how to implement it, and there are often errors in understanding the criminal risks; the rules are unclear, and the staff lacks adequate training, leading to errors and misunderstandings.