Legal Protection in Proceedings for Banking and Financial Crimes
Being involved in an investigation for banking crimes represents a moment of profound criticality for the career, reputation, and personal freedom of directors, statutory auditors, and executives of credit institutions. The technical complexity of these charges requires an extremely rigorous and timely criminal defense. As a criminal lawyer in Milan, Avv. Marco Bianucci understands the weight of these investigations and the need for strategic intervention to protect the rights and honor of corporate leaders from the earliest stages of preliminary investigations.
The Regulatory Framework: Liability and Crimes in the Credit Sector
The Italian regulatory framework for criminal law in the economic and financial sector is particularly strict and constantly evolving. Banking crimes, largely governed by the Consolidated Banking Act (TUB) and the Civil Code, include complex offenses such as obstruction of the functions of public supervisory authorities, banking misrepresentation, false corporate communications, market manipulation (aggiotaggio), and, in cases of institutional crisis, fraudulent bankruptcy.
The peculiarity of these proceedings lies in the highly technical nature of the evidence. The prosecution typically relies on financial statements, board resolutions, internal information flows, and reporting submitted to the Bank of Italy, Consob, or the ECB. Often, these charges are intimately intertwined with the administrative liability of entities under Legislative Decree 231/2001. Demonstrating the absence of intent or the correctness of actions requires a deep understanding not only of criminal law but also of corporate governance dynamics and the organizational models within banks.
The Defense Approach of the Bianucci Law Firm
In defending directors and executives under investigation, the Bianucci Law Firm adopts a working method that combines legal rigor with meticulous analysis of corporate flows. The approach of Avv. Marco Bianucci, a criminal lawyer with consolidated experience in economic criminal law in Milan, focuses on accurately reconstructing the decision-making processes within the credit institution.
Every act, board minutes, or communication to supervisory bodies is examined with the utmost care to assess the actual individual responsibility of each executive. It is crucial to distinguish individual conduct from the collegial dynamics of the board or from any systemic deficiencies in internal controls. The firm's objective is to deconstruct the prosecution's case, contextualizing operational choices within the framework of sector regulations, actual operational delegations, and the information flows of which the investigated person had effective knowledge at the time of the events.
Frequently Asked Questions
What are the most commonly charged banking offenses against directors?
The most frequent charges concern obstruction of supervisory functions, banking misrepresentation, false corporate communications (balance sheet falsification), and, in situations of insolvency, bankruptcy offenses. Conduct related to the illicit granting of credit or conflicts of interest are also often investigated.
What exactly is meant by obstruction of supervisory functions?
This is a crime, provided for by art. 2638 of the Civil Code, which punishes directors, general managers, or statutory auditors who, in communications to public supervisory authorities (such as the Bank of Italy or Consob), present material facts that are not true regarding the economic, asset, or financial situation, or who fraudulently conceal facts that they should have communicated, thereby obstructing their functions.
Can delegation of functions exclude my criminal liability?
The presence of a valid and effective system of delegation of functions is a central element of the defense. If the delegation is clear, specific, conferred to a person with the necessary skills and spending powers, and if there has been no negligent omission of supervisory duties by the delegator, it can limit or exclude the criminal liability of corporate leaders for acts committed by the delegates.
How does the organizational model 231 affect the position of an individual executive under investigation?
Although Legislative Decree 231/2001 concerns the liability of the entity (the bank), the presence of a suitable and effectively implemented Organizational Model is also fundamental for the defense of the individual. A good model demonstrates that the company had procedures to prevent crime, supporting the argument that the executive acted in compliance with internal rules or, conversely, that any fraudulent circumvention of these rules by third parties is not attributable to them.
Entrust Your Defense to Expert Professionals
Facing an investigation for banking crimes requires clarity, technical expertise, and a solid defense strategy, built from the very first stages of the criminal proceedings. The costs and variables of a proceeding of this nature depend on numerous factors specific to each individual case, which require in-depth analysis. Contact Avv. Marco Bianucci at the Milan office to schedule an initial consultation, assess your position, and establish the most appropriate defense strategy to protect your professionalism and your rights.