Asset Risk in Tax Criminal Proceedings

Facing proceedings for tax offenses often involves concerns that extend beyond direct criminal sanctions: the concrete fear of losing assets accumulated through years of work. When discussing tax crimes, the most incisive tool used by the judicial authority is confiscation by equivalent value. Understanding the scope of this institution is fundamental for anyone involved in disputes related to fraudulent declarations, omitted payments, or undue compensations. As an experienced criminal lawyer specializing in economic criminal law, the primary objective at this stage is to protect not only the client's personal liberty but also the integrity of their business and personal assets.

The Regulatory Framework: How Confiscation by Equivalent Value Works

Confiscation by equivalent value, governed by Article 322-ter of the Italian Penal Code and extended to tax offenses by Legislative Decree 74/2000, represents a confiscatory measure of a punitive nature. Unlike direct confiscation, which targets the price or profit directly derived from the crime, confiscation by equivalent value seizes assets of corresponding value held by the offender, should the direct profit of the offense be untraceable. This mechanism often triggers through the precautionary measure of preventive seizure, which can freeze bank accounts, real estate, vehicles, and company shares from the earliest stages of preliminary investigations. Case law has clarified that this measure can affect the assets of the de facto or de jure administrator, even for assets acquired prior to the alleged offense, making technical defense absolutely crucial to avoid the depletion of economic resources.

Studio Legale Bianucci's Approach to Asset Defense

The defense strategy adopted by Avv. Marco Bianucci, a lawyer specializing in tax criminal law in Milan, is based on a rigorous analysis of the nexus between the alleged crime and the seized assets. Often, the calculation of the crime's profit made by the Public Prosecutor tends to be overestimated, including amounts that should not be subject to confiscation. The firm's approach involves an immediate technical-accounting examination to verify the accuracy of the seized amount and the legitimacy of the order from its inception. Avv. Marco Bianucci works to demonstrate the absence of the prerequisites for applying the equivalent value measure, aiming for the release of the seized assets or a reduction in the blocked amount, thereby ensuring business continuity and safeguarding family assets.

Frequently Asked Questions

What is the difference between direct confiscation and confiscation by equivalent value?

Direct confiscation targets the exact money or asset that constitutes the profit of the tax crime. Confiscation by equivalent value, on the other hand, applies when the direct profit cannot be found and allows the State to seize other assets of the suspect (homes, cars, accounts) for a value corresponding to the alleged evasion.

Can assets be seized before a conviction?

Yes, through the institution of preventive seizure aimed at confiscation. The Judge for Preliminary Investigations can order the freezing of assets during the investigative phase to ensure that, in the event of a future conviction, there are sufficient resources to cover the debt to the Treasury.

Can confiscation also affect assets registered to family members?

Generally, confiscation affects assets available to the suspect. However, if it can be proven that assets registered to third parties (such as a spouse or children) are actually fictitiously available to the suspect (fictitious interposition), these can also be subject to asset seizure.

What happens if the tax offense becomes time-barred?

According to the most recent case law, if the crime is extinguished due to the statute of limitations, confiscation by equivalent value cannot be maintained, unless an irrevocable conviction has occurred or it concerns specific cases provided for by law. The release of the assets, in this scenario, must be requested promptly.

Request a Strategic Consultation in Milan

If your company or personal assets are threatened by a seizure order or an investigation for tax offenses, it is essential to act quickly. Contact Avv. Marco Bianucci at the office located at via Alberto da Giussano, 26 in Milan. Timely defense is crucial to protect your rights and your assets.