Brief Considerations on the Delimitation between the Crime of Influence Trafficking and the Crime of Deception

Abstract

The need for delimitation between the crime of influence trafficking and that of deception has resulted from the possibility of confusion between the two acts, confusion generated, mainly to mislead the victim. Both in the case of influence trafficking realised by speculating the alleged influence of the public functionary and in the case of deceptionby presenting false facts as true, the victim is presented with a distorted reality, and the purpose of the offender is to obtain for himself or for another, a unjustly patrimonial benefit. However, a careful analysis of both regulations clearly reveals the elements that make the exact delimitation between the two offenses. This analysis should consider the social value protected in each of the two offenses and also pursue the other constituents (result, form of guilt, consumption etc.).