Facing criminal proceedings for offenses related to counterfeiting or the sale of counterfeit goods is a complex and delicate situation, especially in a crucial commercial hub like Milan. Whether it's a seizure that occurred within a shop, in a warehouse, or as a result of online sales, the legal consequences can be severe and significantly impact the personal and professional life of the accused. As a criminal lawyer in Milan, Avv. Marco Bianucci deeply understands the concerns that accompany the notification of a notice of investigation or a preventive seizure decree, offering technical and targeted legal support to protect the client's rights.
The Regulatory Framework: Counterfeiting, Receiving Stolen Goods, and Reckless Purchase
The Italian Penal Code severely punishes conduct related to trademark falsification and the marketing of counterfeit products. The main criminal offenses are governed by Articles 473 and 474 of the Penal Code, which respectively penalize the counterfeiting, alteration, or use of trademarks or distinctive signs, and the introduction into the State and trade of products with false signs. It is crucial to understand that the law punishes not only those who materially produce counterfeit goods but also those who possess them for sale or put them into circulation. Often, these accusations are intertwined with other offenses, such as receiving stolen goods (Art. 648 c.p.), if goods of illicit origin are purchased for profit, or reckless purchase (Art. 712 c.p.), when the purchase is made without verifying its legitimate origin but without full awareness of its illegality. The distinction between these categories is subtle but decisive for the outcome of the trial, as the penalties vary significantly.
The Approach of Studio Legale Bianucci in Criminal Defense
Avv. Marco Bianucci, an expert criminal lawyer in Milan, tackles counterfeiting cases with a meticulous defense strategy based on the technical analysis of evidence. The defense is not limited to simply contesting the facts but delves into the very nature of the seized goods. A crucial aspect of the strategy often concerns so-called 'obvious counterfeiting': if the counterfeit is so evident that it could not deceive anyone, jurisprudence may exclude punishability for an impossible crime. Studio Legale Bianucci, when necessary, utilizes technical consultants for expert opinions on materials and trademarks to demonstrate the absence of intent or the unsuitability of the goods to harm public trust. Furthermore, great attention is paid to seizure procedures, immediately evaluating the possibility of filing a review request to obtain the release of assets, if legal grounds exist. The goal is to build a solid defense that considers every nuance, from the client's good faith to the actual harmfulness of the alleged conduct.
Frequently Asked Questions
What are the risks if I sell counterfeit goods without knowing?
The subjective element of the crime, i.e., the awareness of selling counterfeit goods, is fundamental. If total good faith and the absence of intent can be demonstrated, the conduct may not constitute a crime under Articles 473 or 474 of the Penal Code. However, the offense of reckless purchase might be applicable if due diligence was not exercised in verifying the origin of the goods. A criminal lawyer will assess the circumstances of the purchase and sale to establish the best defense strategy aimed at demonstrating the lack of awareness.
What is the difference between counterfeiting and receiving stolen goods?
Counterfeiting or trading in counterfeit products (Art. 474 c.p.) specifically concerns the protection of trademarks and public trust. Receiving stolen goods (Art. 648 c.p.), on the other hand, punishes those who purchase, receive, or conceal money or things derived from any crime, for the purpose of profit. Often, the two accusations are contested together or as alternatives. Receiving stolen goods is a particularly serious offense with severe penalties, and it is the task of technical defense to work towards reclassifying the act into less serious offenses or demonstrating non-involvement in the alleged acts.
Is it possible to obtain the return of seized goods?
Yes, it is possible to file a request for the release of seized goods or an appeal to the Review Court against the seizure decree. To succeed, it is necessary to demonstrate the absence of precautionary needs or the illegality of the seizure itself, for example, by proving the originality of the goods through invoices and certifications, or by highlighting procedural defects. Avv. Marco Bianucci promptly analyzes the order to assess the opportunity to act for the recovery of the assets.
Is selling fakes online punished the same as selling in a store?
Absolutely yes. The online sale of counterfeit goods is equated to physical sales, and authorities constantly monitor the web and social networks to identify such activities. Indeed, the digital traceability of transactions and shipments can provide immediate documentary evidence to the prosecution. In these cases, the defense often focuses on the analysis of IT flows and the actual scope of the commercial activity carried out.
Request a Case Evaluation
If you are involved in an investigation for counterfeiting, selling counterfeit goods, or receiving stolen goods, it is essential to act promptly to prepare an effective defense. Avv. Marco Bianucci is available to examine your position and define the most suitable strategy for your specific case. Contact Studio Legale Bianucci in Milan to schedule an appointment and discuss your situation confidentially.