The seizure of food products for alleged adulteration represents a moment of profound crisis for any company or entrepreneur in the agri-food sector. Beyond the immediate economic damage, the reputation built over the years is at stake, and, above all, the risk of serious criminal consequences looms. As a criminal lawyer in Milan, Avv. Marco Bianucci perfectly understands the disorientation and concern that arise from an inspection by the NAS (Carabinieri for the Protection of Health) or health authorities culminating in a preventive or evidential seizure order.

The Regulatory Framework for Food Crimes in Italy

The Italian legal system rigorously protects public health and food safety. The adulteration or counterfeiting of substances intended for consumption constitutes a serious crime, primarily governed by the Penal Code and special sector laws. When authorities proceed with a seizure, they typically suspect a violation of regulations that punish corruption, adulteration, or sophistication of food before it is distributed for consumption, if such alterations render the products dangerous to public health.

It is crucial to distinguish between commercial fraud, which primarily harms the consumer's assets and trust, and crimes against public health, which are punished with significantly more severe penalties. An accusation of this nature requires immediate technical and legal analysis, as preliminary investigations are often swift, and chemical or biological expert reports play a decisive role in establishing criminal liability.

The Bianucci Law Firm's Approach to Criminal Defense

Facing an accusation of food adulteration requires a timely and highly qualified defense strategy. The approach of Avv. Marco Bianucci, a criminal lawyer in Milan with extensive experience in managing complex proceedings, is based on the meticulous analysis of every single investigative act. The first step is to examine the legality of the seizure report and the procedures adopted during the sampling of food substances, as any formal defects can invalidate the evidence collected by the prosecution.

The Bianucci Law Firm works constantly in synergy with party-appointed technical consultants, such as biologists, chemists, and food technologists. This collaboration is essential to refute the analyses from institutional laboratories, demonstrating, where possible, the absence of danger to public health, the unintentional nature of contamination, or the very non-existence of alteration. The goal is to protect the entrepreneur at every stage of the criminal proceedings, aiming for the release of the goods and the demonstration of the correctness of the company's processes.

Frequently Asked Questions

What should I do in case of food seizure by the NAS?

During an inspection and subsequent seizure, it is essential to remain calm, not obstruct the authorities' operations, and immediately seek the assistance of a trusted lawyer before making any statements. The investigated person has the right to be given a copy of all reports drawn up and to promptly appoint a party-appointed technical consultant to assist in the unrepeatable analyses of the collected samples.

What is the difference between adulteration and commercial fraud?

Adulteration involves a modification of the natural composition of food, for example, by adding non-permitted chemical substances, which makes it potentially dangerous to public health. Commercial fraud, on the other hand, occurs when a product is delivered to the buyer that differs in origin, provenance, quality, or quantity from what was declared, without necessarily posing a danger to the consumer's health.

Is it possible to obtain the release of seized food goods?

Yes, it is possible to file an appeal against the preventive or evidential seizure order. The defense must demonstrate to the Review Court the absence of evidence of guilt or the lack of precautionary requirements that justify the hold on the goods. The success of this appeal depends heavily on the timeliness of the action and the strength of the technical-legal arguments presented.

Protect Your Business: Request Legal Consultation

An accusation related to food safety can irreparably compromise the future of your business. Entrusting yourself to a competent professional is the first step to building a solid and effective defense. Contact Avv. Marco Bianucci, criminal lawyer in Milan, to analyze the seizure order in detail and define the most appropriate strategy for your specific case. The Bianucci Law Firm receives by appointment at Via Alberto da Giussano, 26 in Milan, guaranteeing maximum confidentiality and rigorous, transparent, and personalized legal assistance.