The Crime of Commercial Fraud: Implications for the Company and the Entrepreneur
Receiving a notice of investigation or a notice of guarantee for the crime of commercial fraud represents a critical moment for any entrepreneur or professional. Beyond the possible criminal consequences, the very reputation of the commercial activity, often built over years of work, is at stake. As a criminal lawyer in Milan, Avv. Marco Bianucci deeply understands business dynamics and the devastating impact such an accusation can have on a business. It is not just about defending the individual, but about protecting business continuity and the brand's image in the market.
What Article 515 of the Italian Penal Code Provides
The crime of fraud in the exercise of commerce is governed by Article 515 of the Italian Penal Code. The provision punishes anyone who, in the exercise of a commercial activity, delivers to the buyer one movable thing for another, or a movable thing which, by origin, provenance, quality, or quantity, is different from that declared or agreed upon. It is fundamental to understand that the law protects good faith in commercial transactions. Jurisprudence often distinguishes between the delivery of aliud pro alio (a good completely different from what was promised) and the lack of essential qualities. However, the line between a simple civil breach of contract and a criminal offense can be thin and requires in-depth technical analysis.
The Defense Strategy of Studio Legale Bianucci
The approach of Avv. Marco Bianucci, an expert lawyer in economic criminal law in Milan, is based on a meticulous examination of the client's production and commercial chain. Often, accusations arise from unintentional errors, labeling defects, or problems arising from third-party suppliers, rather than from a genuine intent to deceive the consumer. The defense focuses on the subjective element of the crime: for a conviction, intent (dolo), meaning the knowledge and will to defraud, is necessary. Studio Legale Bianucci works to demonstrate the absence of such fraudulent intent, highlighting internal quality control procedures and the entrepreneur's good faith. The objective is to dismantle the prosecution's case by emphasizing the technical or negligent nature of the event, attributing it, where possible, to a mere civil dispute.
Frequently Asked Questions
What exactly is meant by 'aliud pro alio'?
The Latin expression aliud pro alio indicates the delivery of a good completely different from the one agreed upon, or a good which, while belonging to the same category, lacks the essential qualities necessary for its intended use. In criminal law, this conduct is the central core of the crime of commercial fraud.
What is the difference between commercial fraud and swindling?
While commercial fraud (Art. 515 c.p.) is consummated by the mere delivery of a good different from the one agreed upon within a contractual relationship, swindling (Art. 640 c.p.) requires artifices or stratagems prior to the agreement that mislead the victim, leading them to a detrimental act of patrimonial disposition.
Is the entrepreneur also liable for the mistakes of employees?
In principle, criminal liability is personal. However, the entrepreneur can be held liable if they have not supervised adequately (culpa in vigilando) or if the company's organization was structured in a way that facilitated the commission of the crime. An effective defense aims to demonstrate the adoption of organizational models suitable for preventing such offenses.
What are the penalties for commercial fraud?
Article 515 of the Italian Penal Code provides for imprisonment up to two years or a fine up to €2,065. Although the custodial sentences may seem contained, a criminal conviction results in a "stain" on the criminal record and possible accessory penalties, such as the publication of the sentence, which can severely damage commercial image.
Request a Case Evaluation
If your company is involved in proceedings for commercial fraud, it is essential to act promptly. Contact Avv. Marco Bianucci for a preliminary assessment of your position. The firm, located in Milan at Via Alberto da Giussano 26, is ready to define the most suitable defense strategy to protect your business and your professionalism.