Receiving notification of a preventive seizure or discovering you are subject to wiretaps within a tax crime investigation represents a moment of profound crisis, both personal and professional. For professional firms, consultants, and entrepreneurs, these precautionary measures can paralyze work activities and compromise the economic stability built over the years. As a criminal lawyer in Milan, Avv. Marco Bianucci perfectly understands the urgency and delicacy of these situations, offering rigorous and timely legal assistance to protect the rights and assets of his clients.
The Regulatory Framework: Seizures and Investigations in Tax Crimes
Italian legislation on tax crimes, primarily governed by Legislative Decree 74/2000, provides for extremely incisive investigative and precautionary tools available to the Public Prosecutor's Office. Among these, preventive seizure aimed at confiscation, even in the form of equivalent seizure, is one of the most disruptive measures. This tool allows the Judicial Authority to preliminarily block bank accounts, real estate, and business or personal assets for a value corresponding to the tax presumed to have been evaded.
In parallel, investigations into complex fiscal offenses, such as carousel fraud or the issuance of invoices for non-existent transactions, increasingly involve the use of telephone, telematic, and environmental wiretaps. For professional firms, such as accountants, auditors, or labor consultants, the risk of being involved, even as an accomplice, in investigations concerning their clients is a concrete possibility. The correct management of these investigative tools in the trial phase requires a deep knowledge of criminal procedure to promptly raise any nullities or the inadmissibility of evidence gathered against the suspect.
The Approach of the Bianucci Law Firm in Tax Criminal Defense
Facing charges for tax crimes requires a meticulous, technical, and proactive defense strategy. The approach of Avv. Marco Bianucci, a criminal lawyer with consolidated experience in the Milan forum, is based on a detailed analysis of the investigation file. The primary objective is to critically verify the legitimacy of seizure orders and the actual foundation of the evidence gathered by the Guardia di Finanza and investigators.
The Bianucci Law Firm works tirelessly to limit the impact of real precautionary measures, preparing and submitting review applications aimed at obtaining the total or partial release of assets. This step is often essential to ensure business continuity and the survival of the professional firm. Each case is handled in a highly personalized manner, evaluating the technical specifics of the tax dispute and collaborating in close synergy with technical consultants, in order to dismantle the prosecution's arguments based on presumptions or incorrect calculations of the evaded tax.
Frequently Asked Questions
What is equivalent seizure in tax crimes?
Preventive equivalent seizure is a precautionary measure that is applied when it is physically impossible to directly trace or seize the money or assets that constitute the profit of the tax crime. In these circumstances, the law allows the judge to order the blocking of other assets legitimately owned by the suspect, such as real estate, vehicles, or cash in personal bank accounts, up to the exact value of the tax that is alleged to have been evaded.
What happens if my professional firm is subjected to wiretaps?
Wiretaps targeting professionals registered with professional bodies are subject to strict limits imposed by the code of criminal procedure, especially to ensure the protection of professional secrecy. If a professional is wiretapped, it is crucial to immediately assess, during a preliminary hearing, whether the recorded conversations are legally admissible in court. The defense will act to object to their inadmissibility and request the exclusion from the file of all interceptions that violate legal guarantees.
Is it possible to obtain the unblocking of seized corporate bank accounts?
Yes, it is a right of the defense to submit an application to the Review Court to contest the precautionary measure. To obtain the release of bank accounts, it is necessary to demonstrate the absence of serious evidence of guilt, the lack of urgency (periculum in mora), or to highlight evident disproportions and errors in the calculation of the crime's profit made by the public prosecution. Timely intervention is crucial to unblock the liquidity necessary for daily operations.
Entrust Your Defense to the Bianucci Law Firm
Investigations for tax crimes and the consequent seizure or wiretap orders require immediate, clear-headed, and technically impeccable defense intervention to avoid irreparable consequences on one's assets and professional reputation. As a criminal lawyer in Milan, Avv. Marco Bianucci is available to analyze your complex situation with the utmost confidentiality and expertise.
Contact the Bianucci Law Firm, located at via Alberto da Giussano 26 in Milan, to schedule an in-depth introductory meeting. During the meeting, we will evaluate the most appropriate and urgent actions to take to protect your rights, building the most solid and effective defense strategy from the very first investigative steps for the resolution of your case.