Being investigated for a bankruptcy-related crime because of a client's conduct represents one of the most critical moments in the career of a consultant, accountant or lawyer. The charge of complicity in fraudulent bankruptcy risks compromising not only personal freedom, but also decades of a respected professional career. In these complex moments, it is essential to rely on a rigorous and timely technical defense. As an experienced criminal attorney in Milan, Attorney Marco Bianucci deeply understands the insidious dynamics that link the professional to the entrepreneurial choices of the client, offering legal assistance aimed at clarifying the true nature of the advice provided.
The Regulatory Framework: When the Consultant Is Responsible for Bankruptcy
In the Italian legal system, criminal liability for bankruptcy offenses is not limited exclusively to the entrepreneur or the directors of the bankrupt company. Through the institution of participation in a crime, external professionals can also be called to answer for fraudulent bankruptcy, particularly for diversionary conduct. This occurs when the judicial authority considers that the professional provided a causal, material or moral, contribution to the commission of the crime by the client.
The line between lawful advice, perhaps bold but aimed at saving the company, and participation in the crime is often thin. Case law establishes that the mere provision of professional services is not sufficient to configure the offense. It is necessary to prove that the professional was aware of the entrepreneur's diversionary or fraudulent intentions and that he provided an opinion or a technical instrument indispensable to carry out that wrongdoing. Proving the absence of intent, that is the lack of will and awareness to participate in the depletion of the corporate assets, therefore becomes the core of every defense strategy.
The Approach of the Bianucci Law Firm in Defending Professionals
Facing a charge of a bankruptcy offense requires a deep knowledge of both criminal law and corporate and accounting dynamics. The approach of Attorney Marco Bianucci, a criminal defense attorney in Milan, is based on a meticulous and documentary analysis of the entire file. The first step is to faithfully reconstruct the scope of the professional engagement, clearly separating the client's directives from the technical assessments provided by the consultant.
The Bianucci Law Firm works to demonstrate the deontological and legal correctness of the professional's conduct. This means analyzing communications, written opinions, minutes and accounting documentation to highlight how the consulting activity was oriented toward compliance with the law or, in the event of a corporate crisis, toward a legitimate attempt at restructuring. The defense strategy aims to dismantle the prosecution's hypothesis of a conscious contribution to the diversion of assets, protecting the reputation and freedom of the professional involved.
Frequently Asked Questions
What do I risk if I am accused of complicity in fraudulent bankruptcy?
The penalties for fraudulent bankruptcy are very severe in the Italian legal system. In the event of a conviction for participation in the offense, the professional risks the application of the same statutory penalty framework provided for the director, in addition to ancillary penalties that include the prohibition on holding managerial offices and disqualification from the profession for a determined period. It is therefore vital to face the investigation from the earliest stages with an adequate technical defense.
Can my technical opinion be considered a crime if the client uses it to divert funds?
A technical opinion, in itself, constitutes the legitimate exercise of the profession. However, if it is proven that such an opinion was provided with the awareness that it would be used by the entrepreneur to divert assets from creditors in view of bankruptcy, complicity in bankruptcy may be configured. The criminal defense focuses precisely on proving that the professional acted in good faith, based on the information provided by the client and without any intention of favoring illicit conduct.
How can I defend myself if the client hid the real accounting situation from me?
The concealment of vital information by the client is a central element to exclude the professional's intent. If the consultant acted based on falsified or partial data provided by the director, the necessary awareness to configure participation in the offense is absent. In these cases, the defensive work consists of producing all documentary evidence attesting to the deception suffered by the professional, demonstrating his total extraneousness to the criminal design.
Your Defense to the Bianucci Law Firm
Being involved in an investigation for bankruptcy offenses requires clarity and immediate legal assistance. If you are a professional and must face an accusation of complicity in bankruptcy or diversionary conduct, contact Attorney Marco Bianucci for a thorough assessment of your position. The costs of legal proceedings depend on numerous factors specific to each case, such as the complexity of the charges and the volume of documentation to be analyzed. During the first consultation at the office at via Alberto da Giussano, 26 in Milan, the situation will be analyzed to provide a clear and transparent picture of the defensive commitment required. Book an appointment to begin building your defense strategy with an experienced criminal attorney.