Rome · Madrid · Rimini
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Technical defence in proceedings for crimes against property and for tax, bankruptcy and financial offences, with an in-depth economic and legal analysis of the constituent elements of the case.
We assist entrepreneurs, directors and private individuals in the principal offences affecting property and the economic-financial system.
Defence and civil-party representation in proceedings for fraud under art. 640 c.p. and in aggravated cases — fraud against the State, against the elderly, fraud aggravated by the obtaining of public funds. Analysis of the constituent elements: contrivances, deceits, inducement into error, act of disposition of assets.
Assistance in proceedings under art. 640-ter c.p. concerning the alteration of computer or telematic systems for unlawful gain. We handle cases of phishing, manipulation of home banking, fraudulent use of credentials, coordinating the technical-forensic analysis of the systems.
Defence in proceedings under art. 646 c.p., frequently charged in corporate, condominium, professional or family contexts. We assess the existence of qualified possession of the asset and the actual conversion of the holding into appropriation.
Assistance in proceedings under art. 648-bis c.p., one of the most complex offences due to the required proof of the unlawful origin of the funds and the awareness of the agent. Analysis of financial flows, relationships with intermediaries and reports of suspicious transactions.
Defence in proceedings under art. 648-ter.1 c.p., introduced to target the use in economic or financial activities of the proceeds of crime by the same perpetrator of the predicate offence. Particular attention is paid to the conduct of obstruction of the identification of the unlawful origin.
Assistance in proceedings under art. 644 c.p., both in cases of banking usury (exceeding the threshold rate published by the Italian Ministry of Economy and Finance) and of subjective usury (conditions of economic or financial hardship of the victim), with reconstruction of the actual cost of the financing.
Defence and protection of the victim of the offence in proceedings for extortion under art. 629 c.p., frequently connected to debt relationships, business contexts and deteriorated family situations. We assess threat, violence and unlawful gain to the detriment of others.
Defence in proceedings for fraudulent bankruptcy under art. 216 L.F. (Italian Bankruptcy Law), now incorporated into the Code of Business Crisis and Insolvency. Analysis of the declaration of bankruptcy, the alleged asset-stripping transactions and the causal link between conduct and insolvency.
Assistance in cases of asset-stripping, documentary and preferential bankruptcy fraud, with examination of accounting records, intra-group transactions and suspicious movements in the period preceding the declaration of insolvency.
Defence in proceedings for false accounting (artt. 2621-2622 c.c.), obstructed control, hindrance to the exercise of supervisory functions and other offences provided for by the Italian Civil Code to protect corporate transparency.
Assistance in proceedings for the issuance or use of invoices for non-existent transactions under D.Lgs. 74/2000, with analysis of the objectively or subjectively non-existent nature of the transactions and of the subjective element required by the rule.
Defence in tax offences of fraudulent tax return through the use of false invoices, fraudulent tax return through other contrivances and unfaithful tax return, with verification of punishability thresholds and assessment of the mitigating effects of payment of the tax debt.
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