Defence in criminal proceedings

Being a criminal lawyer demands freedom and independence.

The freedom to defend people against all forms of power, with no constraints other than the defence mandate. The independence to practice the profession without belonging to certain social, political or cultural circuits.

This is how we defend, throughout Italy, anyone involved in criminal proceedings.

Culpable offences and safety at work
Our increasingly complex and articulated social context presents various opportunities for risk, attributable on the one hand to natural factors, and on the other to the professional activities of entrepreneurs and workers themselves. In recent decades we have witnessed a progressive multiplication of culpable cases, i.e. those hypotheses in which the conduct is not supported by intention, but is carried out through imprudence, negligence, inexperience, or through failure to comply with the technical rules that govern the multiple spheres of human action.   With reference to the macro-category of negligent offences (negligent disasters, accident prevention violations, fires, negligent removal of precautions or defences against disasters or accidents at work) the Firm has followed and follows judicial events of significant social and media importance.   With regard to the specific issue of safety at work, then, the Firm’s professionals, in addition to carrying out defence activities in court, provide consultancy on the subject of Legislative Decree 81/2008, taking care of the implementation of management systems and the drafting of delegations and sub-delegations of functions, also in the context of corporate compliance pursuant to Legislative Decree 231/2001.
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Banking and Financial Market Criminal Law
The protection of the free market and the reduction of risks arising from its distortion is at the heart of the criminal law regulation of this sector. Money laundering, self-laundering, market rigging, insider trading, market manipulation, smuggling, false accounting and usury are just some of the cases introduced by the legislator to protect this complex subject, which requires a great deal of specialist knowledge to ensure an effective legal defence. The firm assists entrepreneurs, directors and managers of banking and financial companies involved in judicial cases (some of which are well known to the general public), in which the violation of the T.U.B. (Legislative Decree no. 385/1993), the T.U.F. (Legislative Decree no. 58/1998) and other criminal provisions governing banking and financial matters has been alleged. The experience gained in these processes also enables the firm to provide criminal law advice to companies that need to implement effective anti-money laundering protocols. Thanks to the acquisition of these skills, lawyer Danilo Cilia has recently been accredited as a ‘Professional Partner’ by ‘Il Sole24ore’, a publishing group with which he collaborates as an expert in the drafting of articles and in-depth analyses.
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Crimes against the person and against property
Crimes against the person and against property represent the most traditional area of criminal law, characterised by the common perception of the unseemliness of conduct, which is considered worthy of punishment even from a more strictly ‘naturalistic’ point of view.   Although the firm has considerably increased its commitment in the area of white collar crimes, it has never ceased to accept assignments in trials for ‘common’ crimes, in the conviction that the criminal lawyer performs an inescapable social function – the defence of individual rights from the interference of state power – and that this function is best expressed when the drama of a criminal trial breaks into the life of an ordinary woman or man. Taking care of that person, of his or her intimate suffering from an ongoing trial or impending judgment, has always been our job. In this we are helped by our passion for criminal procedure, which is not a subject for the unscrupulous, but a limit set by our democracy to arbitrariness and abuse of power.   The firm works daily in all areas of common criminal law. We have gained particular experience in the areas of offences against life and personal safety; defamation, including in the press; sexual violence and all types of sex offences in general; and the insidious cases of crimes against computer assets, or cyber crimes.
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Offences against the Public Administration
The area of operation of the so-called white collar crimes was originally confined to legislation to combat corrupt phenomena and other crimes against the Public Administration. Corporate criminal law later expanded its range of action, with the criminalisation of other behaviour deviating from ordinary compliance with good corporate practice. It is certain, however, that offences against the Public Administration are still central to the scope of economic crime. There are several cases provided for by the Criminal Code, ascribed to public officials and private individuals in the presence of conduct that damages or endangers the good performance and impartiality of the Public Administration. The firm assists anyone, public or private, who is involved in proceedings for offences against the Public Administration, such as corruption, embezzlement, extortion, undue induction to give or promise benefits, and undue receipt of public funds. We also put our trial experience at the disposal of companies wishing to identify and manage their corruption risk, supporting them in the implementation of the most appropriate risk assessment and risk management tools – the latest of which, in order of time, is whistleblowing pursuant to Legislative Decree no. 24 of 10 March 2023.
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Corporate and bankruptcy offences
The risk inherent in accounting assessments has the audit procedure as the most appropriate management tool. However, specialist advice can be invaluable, especially in the context of extraordinary transactions, in which the criminal lawyer’s insight is often decisive in avoiding indictments due to incorrect accounting assessments. In the field of corporate offences (false corporate communications, obstruction of the functions of public supervisory authorities, bribery among private individuals), the Firm’s professionals assist entrepreneurs and administrators involved in judicial events of national importance, including in the media, and assist professional firms and advisors in assessing the criminal risks inherent in extraordinary transactions and M&A. The firm also specialises in bankruptcy offences, an area in which it offers assistance to directors and auditors involved as suspects and defendants, as well as to receivers and administrations as injured parties and civil parties. In order to ensure the best possible assistance in more technically complex cases, the Firm avails itself, where necessary, of the collaboration of professionals with expertise in commercial and bankruptcy law, as well as technical consultants specialised in auditing.
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Cybercrimes
  From the emergence of new social media to the evolution of Artificial Intelligence (AI), advances in digital technology continue to pose sophisticated threats to the personal identity, wealth integrity and privacy of millions of people worldwide. Hacking, phishing, malware, Trojan adware, ransomware, DDoS, BGP hijacking: these are just some of the attacks that are systematically brought against the data, web accessibility systems and assets of countless network users and providers, in all areas of their personal, family and work lives (from e-commerce to corporate intranet systems, from management systems of professional firms to data servers of public bodies). Thanks to the specialised knowledge acquired in the field of cybercrimes – such as computer system damage and abusive access, computer fraud, extortion by means of computer and telematic threats, cyberbullying – the Firm ensures the necessary procedural defence for both victims and alleged perpetrators, also thanks to the specialised support of qualified computer consultants.
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Medical fault
In recent years, the phenomenon known as defensive medicine has become rampant.   This is the tendency to prescribe and provide healthcare services in order to prevent the risk of legal complaints from patients, or their relatives, who allege negligent conduct or in any case cases of so-called malpractice.   The issue of medical malpractice is a very delicate matter, in which the exact balancing point must be found between the safety of the patient and the freedom of the doctor, who is often called upon to take immediate decisions on matters of high technical complexity. These are two opposing instances, which our legislator has tried to summarise in the so-called Gelli-Bianco (Law no. 24 of 8 March 2017).   The Firm, also thanks to the acquisition of specialised skills, offers assistance on medical malpractice, and more generally on professional negligence, to anyone (suspect, civil responsible party or offended party) involved in legal cases related to culpable injuries or manslaughter in the healthcare field.
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Tax offences
The complexity of the Italian tax system exposes one to risks that require particular sectoral expertise, both in and out of court. When approaching criminal-tax issues, it is usually decisive to analyse the objections raised by the tax authorities: in fact, the way the system is structured, the legislator tends to penalise only the most serious conduct under criminal law, reserving for other violations mere administrative sanctions. The Firm’s professionals have gained experience in the entire criminal-tax field: from declaratory offences (fraudulent declaration, unfaithful declaration and omitted declaration) to ‘documental’ offences (issue of invoices for non-existent transactions and concealment or destruction of accounting documents), from tax payment cases (failure to pay withholding tax, failure to pay VAT and undue compensation) to the more complex situations of asset abduction (seizures and confiscations of a tax nature).
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The defence of entities in criminal proceedings
For over twenty years, the well-known principle societas delinquere non potest has lost much of its meaning in Italy. With the introduction of Legislative Decree No. 231/2001, in fact, even collective entities can be brought to trial to answer criminally for offences committed in their interest or to their advantage by apical or non-apical persons of the same entities, and eventually condemned to the application of very severe sanctions such as fines, confiscation and disqualification sanctions. The firm has acted as defence counsel in numerous proceedings in which companies and other collective entities were accused of administrative liability for criminal acts committed by their managers or employees. Thanks to the experience gained in numerous criminal proceedings instituted pursuant to Legislative Decree 231/2001, we guarantee the defence of companies and entities accused of this type of offence.
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