CODE OF CONDUCT OF THE ADMINISTRATIVE STAFF OF THE STATE LAWYER, PURSUANT TO ART. 54, Legislative Decree N. 165/2001.

Art. 1

Purpose

1. This Code integrates the rules contained in the Presidential Decree of 16 April 2013, n. 62 "Regulations containing the code of conduct for public employees" intended for employees of all public administrations, and, in compliance with and sharing the principles contained in the "Code of Ethics for Lawyers and State Attorneys", defines the rules of conduct which, in carrying out their service, the administrative staff of the State Attorney's Office is required to observe, for the protection of the public interest in the objective application of the legal system.
2. The rules contained in this Code, strictly based on the requirements of punctuality, accuracy, confidentiality and professionalism, are intended for employees, who all carry out the delicate work of supporting the legal activity of the Lawyers and Attorneys of the State, of strong ethical and economic for the interests of the Italian State and for society.
3. This Code is also adopted as a tool aimed at preventing the risk of corruption, with a view to revisions and updates.

Art. 2

Scope of

1. The provisions of this Code apply to administrative staff with fixed-term and open-ended contracts, with individual employment relationships, regulated by contract, as well as to staff, whether contracted or not, who work in command, secondment or out-of-office positions, employed by of the State Attorney's Office.
2. The obligations of conduct provided for by this Code are extended, as far as compatible, to all collaborators or consultants, with any type of contract or assignment and for any reason, as well as to collaborators in any capacity of companies supplying goods or services and carrying out works in favor of the administration. To this end, specific provisions or clauses for termination or forfeiture of the relationship in the event of violation of the obligations deriving from the Code are included in the acts of appointment or in the contracts for the acquisition of collaborations, consultancies or services. behavior of public employees and this Code.

Art. 3

General provisions

1. The provisions of this Code constitute specifications of the obligations of loyalty and impartiality, which qualify the behavior of public employees, who are required to fulfill public functions with discipline and honor in order to ensure the good performance and impartiality of the administration.
2. In addition to the provisions of paragraph 1, the provisions of this Code also integrate and specify the principles of integrity, correctness, good faith, proportionality, objectivity, transparency, fairness, reasonableness, independence and impartiality, which must inspire the employee, set out in 'art. 3 of the Code of Conduct for Public Employees.
3. The employee of the State Attorney's Office undertakes to respect this Code and to behave in accordance with its principles and avoid any situation of conflict of interest, even potential.
4. The violation of the rules contained in this Code of Conduct and in the Code of Conduct for civil servants constitutes a source of disciplinary responsibility, ascertained at the outcome of the related disciplinary procedure, in compliance with the principles of graduality and proportionality of the sanctions. The violation of each rule of the codes constitutes in itself a relevant infringement on a disciplinary level and also in relation to the measurement and evaluation of performance, for the purpose of detecting the results achieved by the employee or by the office.

Art. 4

Integrity

1. The Bar employee does not use the office to pursue private and personal purposes or benefits.
2. The employee does not make use of the position he holds in the office to obtain utility or benefits in external relationships and in private relationships.
3. The employee, with subjects interested in any capacity in the activity of the State Attorney, such as counterparties, companies supplying materials, services and supplies, does not undertake commitments or make personal promises that may affect the fulfillment of office duties.

Art. 4 - 2

Gifts, fees and other benefits (Article 4 of Presidential Decree No. 62/2013)

1. The employee does not solicit or accept, for himself or for others, any gifts or other benefits from subjects in any case interested in the activity of the State Attorney's Office or who intend to enter into a relationship with it, with the exception of gifts of modest use. value (not exceeding 150 euros in the year).
2. In the event that an employee is pressured or offered gifts, benefits or other utilities that are not customary or of modest value, the employee must promptly notify the Secretary General or the District Attorney.
3. The State Attorney's Office returns or, where not possible, allocates to charity, gifts or other benefits of no modest value, however received by the employee.

Art. 4- 3

Participation in associations and organizations (Article 5 of Presidential Decree No. 62/2013)

1. The employee does not entertain or maintain relationships with people or organizations that act on the borders or outside the law and does not participate in secret associations.
2. Upon entering the service, the employee informs the Secretary General or the District Attorney of his or her membership or membership in associations or organizations whose areas of interest may interfere with the performance of the legal activity of the State Attorney's Office.

Art. 4 - 4

Communication of financial interests and conflicts of interest (Article 6 of Presidential Decree No. 62/2013)

1. The employee, at the time of his assignment to the office, is required to give a written declaration to the Secretary General or the District Attorney, if, in person or his relatives or similar up to the second degree, the spouse or cohabitant, in the during the previous three-year period they have had, or are still in progress, financial relationships with private subjects holding interests in conflict with those of the administrations sponsored by the State Attorney's Office. If so, the declaration must be updated in the following six months.

Art. 4- 5

Obligation to abstention (articles 6 and 7 of Presidential Decree no. 62/2013)

1. In all cases in which the employee has to abstain, he is required to immediately communicate in writing the reasons relating to the abstention to the Secretary General or the District Attorney who, following the outcome of the appropriate investigations, will record the report that will be kept for the deeds in a special archive dedicated to abstentions.

Art. 4 - 6

Prevention of corruption (Article 8 of Presidential Decree No. 62/2013)

1. The employee is required to collaborate with the Head of Corruption Prevention and to comply with the provisions contained in the three-year Corruption Prevention Plan.
2. As required by law and by the three-year Corruption Prevention Plan, any employee who reports illegal conduct of which he or she has become aware of the employment relationship to his superior, enjoys the protection of anonymity and cannot be sanctioned, fired or subjected to a discriminatory measure, direct or indirect, having effects on the working conditions for reasons connected directly or indirectly to the complaint.
3. The recipient of the reports referred to in the previous paragraph adopts all legal precautions so that the anonymity of the whistleblower is protected and his identity is not unduly detected pursuant to article 54-bis of legislative decree no. 165 of 2001.
4. As part of the disciplinary procedure, the identity of the whistleblower cannot be disclosed without his consent, provided that the challenge to the disciplinary charge is based on separate and additional investigations with respect to the report, which the Administration has the burden of undertake. If the dispute is based, in whole or in part, on the report, the identity can be revealed where its knowledge is absolutely essential for the defense of the accused; the latter circumstance can emerge only following the hearing of the accused person or from the defensive briefs that he produces in the proceedings. The complaint is removed from the access provided for by articles 22 and following of the law of 7 August 1990, n. 241, and subsequent amendments and additions.

Art. 4 - 7

Transparency and traceability (Article 9 of Presidential Decree No. 62/2013)

1. As part of their activities, the employee complies with the procedures envisaged for the purposes of traceability and is required to provide, in a regular and complete manner, the information, data and documents published on the institutional website according to the provisions contained in the Program. three years for transparency and integrity.
2. With reference to the provisions contained in art. 4 of Legislative Decree no. 33/2013 and in pursuit of the strategic objectives regarding transparency, the employee is obliged to make non-pertinent personal data unintelligible or, if sensitive or judicial, not indispensable with respect to the specific purposes of transparency of the publication.

Art. 4 - 8

Behavior in private relationships (Article 10 of Presidential Decree No. 62/2013)

1. The employee in relations with private individuals does not disseminate information that does not correspond to the truth regarding the organization of the office.

Art. 4 - 9

Behavior in service (Article 11 of Presidential Decree No. 62/2013)

1. The employee correctly fulfills the obligations envisaged for the recording of attendance.
2. In relations with professional staff, colleagues, collaborators and their respective managers, the employee constantly ensures maximum collaboration, in compliance with reciprocal positions and institutional positions; avoids attitudes and behaviors that could disturb the necessary climate of serenity and harmony in the offices.
3. In relations with the outside world, the employee shows courtesy and availability; deals with matters efficiently and promptly, and behaves in such a way as to inspire trust in those who come into contact with the office.
4. The employee reports to the manager of the office to which he belongs any difficulty or inconvenience found in the performance of the service as well as any event in which he has been directly involved and which may have repercussions on the service or relating to situations of danger or damage to physical integrity or psychological own or of others.
5. The employee does not in any way alter the IT configurations set up by the administration to protect the integrity of their networks and databases and to prevent the display and acquisition of inappropriate content and, in any case, not relevant to the work activity.
6. The employee does not use e-mail for purposes unrelated to the duties of the Institute.
7. The employee undertakes to maintain the efficiency and decorum of the office: he takes care of the objects and tools he uses, putting in place the precautions necessary to maintain their efficiency and integrity; in the event of inefficiency, failure or deterioration of the material and instrumental resources entrusted, it immediately informs the office manager.
8. The employee actively participates in the program to reduce the consumption of materials (such as printing, whenever possible, using recycled paper; otherwise, use the front and back), their recycling and the containment of energy consumption, putting in place attentions of daily use oriented towards energy efficiency (such as turning on personal computers, printers, air conditioners, lights only if necessary, and always turning them off when not needed, especially at the end of the service hours).
9. The employee adopts a decent dress and respect for the sensibility of others.

Art. 5

Confidentiality obligation

1. The employee does not use the information available to him for office reasons for private purposes and avoids situations and behaviors that may hinder the correct fulfillment of the duties or harm the interests or image of the Administration.
2. The employee does not make use of information not available to the public or not made public, even obtained in confidence in the activity of the office, to make profits or private interests.
3. The employee respects the office secrecy and keeps confidential the news and information learned in the performance of his duties that are not subject to transparency in accordance with the law and regulations.
4. The employee consults only the documents and files directly connected to his / her activity and makes use of them in compliance with the duties of the office, allowing access to those who have the right to do so and in accordance with the instructions given in the Office.

Art. 6

Rules intended for officials holding organizational positions

1. In consideration of the provisions of art. 13, paragraph 1, of the Code of Conduct for public employees, pending the possible introduction of administrative management through the appropriate regulatory adjustments, to officials holding organizational positions for the management functions of offices and / or services or which involve coordination of others employees, the following rules apply.
2. Officers encourage the participation of employees assigned to their structure in training and refresher programs, particularly in matters of transparency and integrity. They collaborate in the initiatives of the Institute on the issues of organizational well-being and the enhancement of differences in gender, age and personal conditions.
3. The officials assign the investigation of the practices on the basis of an equitable distribution of the workload, taking into account the skills, aptitudes and professionalism of the staff assigned to the office, and report periodically to the Secretary General or the District Attorney.
4. The officials constantly monitor the implementation and compliance with the Codes of Conduct , taking into account the violations ascertained and sanctioned, for the purpose not only of the prompt activation of the disciplinary procedure, but also of the individual evaluation of the individual employee. They verify that the newly hired personnel, for whatever reason, have been provided with adequate information on the disciplinary rules and codes of conduct in force.
5. The officials observe and monitor compliance with the rules on incompatibility, accumulation of jobs and work assignments by the employees assigned to their office, in order to avoid illegal practices of "double work".

Art. 7

Rules for staff assigned to contracting stations

1. Each selection procedure must be carried out by adopting the widest conditions of competition and any derogation from this principle must be authorized and justified, in compliance with current legislation.
2. In contracts, procurement and, in general, the supply of goods and / or services and of collaboration and external consultancy, it is mandatory for the staff who take care of the procurement and for the staff responsible for managing the contract, in addition to what is foreseen for employees and collaborators in general, in particular of:
   • act impartially, ensure equal treatment and avoid any preferential treatment;
   • refrain from disseminating and using, for personal purposes, the information available to them for office reasons, without prejudice to compliance with the rules set up to protect the right to information and access;
   • maintain the confidentiality of the entire tender procedure and the names of the bidders until the award;
   • not carry out any activity that conflicts with the correct fulfillment of office duties and avoid situations, even if only apparent, of conflict of interest;
   • promptly report to the hierarchical superior any proposals, by the competitor and the successful bidder, for employment and / or commercial that involve personal advantages or offers of money or gifts for the employee or his relatives or similar up to the second degree, or for the spouse or cohabitant;
   • acquire from each successful bidder an express declaration of absence of conflict of interest, even potential, with the State Attorney's Office, a declaration that the subject is not in any of the conditions referred to in art. 38 of Legislative Decree no. 163/2006 as well as in the conditions set out in art. 53, paragraph 16-ter, of the legislative decree n. 165/2001 and declaration committing to compliance with the Codes of conduct and ethical codes, pursuant to art. 54 of Legislative Decree no. 165/2001, which must be disseminated among consultants, collaborators and contractors in any capacity at the administration.
3. In the activities aimed at the conclusion of contracts and other negotiating acts, the employee strictly adheres to the procedures provided for by the regulations in force, particularly with regard to transparency and traceability, following the directives issued by the three-year Corruption Prevention Plan.

Art. 8

Rules for the processing of legal documents and for the collaboration of professional staff

1. The employee, or the collaborator in any capacity, assigned to this delicate sector of activity, keeps confidential the data he becomes aware of for work reasons.
2. In relation to the qualification held and the function performed, he takes care of updating his professional knowledge, participates in training initiatives and collaborates in implementing the use of telematic tools in order to ensure adequate assistance to professional staff and sponsored administrations .
3. In processing the documents, he strictly observes the degree of urgency that is reported to him or of which he is directly aware, entering the data with the utmost completeness and precision, respecting the processing times, also according to the subsequent activities to other deputies.
4. The employee, or the collaborator in any capacity, who is entrusted with the keeping and / or handling of the files, uses the necessary precautions to safeguard the integrity and order of their contents, providing for their adequate accommodation and, in case of their temporary dislocation, taking care of their availability, until the moment of their repositioning.
5. He collaborates with colleagues and works diligently to ensure that the deadlines of the procedural deadlines are always respected in all phases of the processing of legal activities.

Art. 9

Final provisions

1. This Code is disseminated in accordance with the procedures set out in art. 17, 1st and 2nd paragraph, of the DPR 16.4.2013, n. 62.
2. The Code enters into force the day after its publication on the institutional website.