Having one's bank accounts or real estate suddenly frozen is a destabilizing experience, capable of paralyzing not only one's work but also personal and family life. When a preventive seizure order for equivalent value is notified, time becomes a critical factor in organizing an effective defense strategy. As a criminal lawyer in Milan, Avv. Marco Bianucci deeply understands the urgency and delicacy of these situations, offering legal assistance aimed at protecting the assets of the investigated person in strict compliance with current regulations.
The Regulatory Framework: What is Seizure for Equivalent Value
Preventive seizure aimed at confiscation for equivalent value is a real precautionary measure provided for by our criminal legal system, primarily applied in cases of tax, corporate, or public administration crimes. Unlike direct seizure, which targets the specific asset that constitutes the profit of the crime, seizure for equivalent value intervenes when the original asset is no longer traceable or cannot be seized. In these scenarios, the State authorizes the Judicial Authority to block assets of legitimate origin belonging to the investigated person, such as personal bank accounts, real estate, or company shares, for a value corresponding to the alleged profit of the crime.
This measure has a purely conservative purpose: it aims to ensure that, in the event of a future final conviction, the State can proceed with confiscation and recover a sum equivalent to the damage suffered or the illicit enrichment. However, precisely because of its incisive nature, the application of this instrument must be subject to precise limits. It is essential to verify that there is a strict proportionality between the value of the seized assets and the alleged profit of the crime, and that all formal and substantive requirements provided for by criminal law are met.
The Bianucci Law Firm's Approach to Asset Defense
Dealing with a precautionary asset measure requires technical expertise and promptness. The approach of Avv. Marco Bianucci, an expert criminal lawyer in Milan, is based on a surgical analysis of the order issued by the Judge for Preliminary Investigations. The first step consists of a thorough study of the investigation documents to identify any legitimacy defects or motivational flaws that could justify an immediate request for review to the Tribunal for Liberty.
The defense strategy is developed on multiple fronts. On one hand, efforts are made to contest the very premises of the alleged crime or the actual quantification of the alleged profit, demonstrating, where possible, the absence of the foundational requirements of the accusation. On the other hand, intervention is made to protect the proportionality of the measure, requesting the return of assets exceeding the established value or defending those assets that the law considers unseizable. The primary objective of the Bianucci Law Firm is to limit the impact of the seizure, seeking the most appropriate legal avenues to restore the client's control over their financial and asset resources.
Frequently Asked Questions
How much time do I have to object to a seizure for equivalent value?
Timeliness is crucial. From the date of execution of the measure or notification of the order, the investigated person or their lawyer has a peremptory period of ten days to submit a request for review to the competent Tribunal. Failure to meet this deadline precludes the possibility of immediately contesting the seizure at this stage, making it necessary to await the development of the criminal proceedings, with prolonged consequences on assets.
Can they seize my primary residence or my salary?
The law establishes precise limits on the assets that can be seized. Although the primary residence does not enjoy absolute unseizability in criminal proceedings as it does in some civil or tax contexts, there are strict regulatory and jurisprudential constraints on its seizure, especially if it constitutes the sole residence of the family unit. Regarding salary or pension, seizure can never deprive an individual of the minimum means of subsistence, and the legally established unseizable portions must be respected.
What happens to jointly owned bank accounts?
In the case of jointly owned bank accounts between the investigated person and a third party unrelated to the facts, jurisprudence presumes that the sums are divided equally, unless proven otherwise. Seizure for equivalent value should only affect the portion belonging to the investigated person. However, in practice, credit institutions tend to freeze the entire account as a precautionary measure. In these cases, legal intervention is essential to demonstrate the ownership of sums belonging to the unrelated third party and request their immediate release.
Contact the Bianucci Law Firm for the Protection of Your Assets
A seizure order requires an immediate and highly qualified legal response to avoid prolonged damage to one's economic stability. Each situation presents unique legal aspects that require careful study and a tailor-made defense strategy. As a criminal lawyer in Milan, Avv. Marco Bianucci is available to analyze the order against you in detail and identify the best legal options for the protection of your assets.
We invite you to contact the Bianucci Law Firm at Via Alberto da Giussano, 26 in Milan, to schedule a confidential introductory meeting. During the meeting, we will jointly review the documentation, clearly and transparently explaining the possible defense paths and the professional commitment required to face the situation with the utmost determination.