Questione giuridica chiave
Whether Art. 305bis n. 3 CP requires abstract or concrete double punishability for foreign corruption as predicate offence
Decisione estratta
The abstract double-punishability test applies; foreign passive corruption of a foreign official before 1 July 2006 can serve as predicate offence if punishable under both legal systems in abstract terms.
Motivazione estratta
The wording is inconclusive, but purpose, history, and protection of foreign justice/confiscation support abstract double punishability; concrete double punishability would unduly narrow the statute and frustrate anti-organized-crime aims.