The firm’s assistance in criminal matters

I am Marco Bianucci, a lawyer. Together with the professionals in my firm, I assist people under investigation and defendants, victims of crime, injured parties and civil claimants. We also defend companies and other entities involved in proceedings concerning administrative liability arising from criminal offences under Legislative Decree 231/2001.

In criminal law, every decision can affect a person’s liberty, assets and reputation, as well as the continuity of a business. We therefore approach every case through a thorough study of the case file, discussion within the team and the development of a strategy based on the particular circumstances. From our office in Milan, we handle the various stages of proceedings, from the initial investigations through to appeals and the enforcement of sentences.

Our vocation and the role of defence counsel

I regard criminal defence as a responsibility that requires preparation, independence and dedication. Passion for this profession is reflected in the time devoted to a case file, attention to an overlooked detail and a willingness to question an account of events when the evidence gathered calls for it.

Our vocation stems from the conviction that everyone has the right to an effective defence, whatever the charge and whatever the judgement of public opinion. This conviction is grounded in Article 24 of the Constitution, which recognises defence as an inviolable right at every stage and level of proceedings.

Article 111 of the Constitution sets out the guarantees of a fair trial: the parties’ right to present and challenge their respective cases on an equal footing, an independent and impartial judge, and the time and facilities needed to prepare the defence. In criminal proceedings, the adversarial process allows the parties to test the evidence in accordance with the rules laid down by law.

I see defence counsel as a bulwark of the rule of law. Their task is to give practical effect to these guarantees: to check the lawfulness of procedural acts, test the strength of the prosecution’s case, bring favourable evidence to light and ensure that the client’s rights are respected. The presumption of innocence until a final conviction, enshrined in Article 27 of the Constitution, must also guide how a criminal case is reported.

References: [1], [2], [3].

Teamwork and complex proceedings

We have handled complex proceedings, including cases that have attracted considerable media attention. This experience has reinforced a working method based on knowledge of the case file and the ability to coordinate legal issues, technical investigations and procedural choices.

We work as a close-knit team. We analyse the case materials together, discuss possible objections and prepare for hearings through ongoing discussion. Our range of expertise allows us to examine the same case from different perspectives while maintaining a consistent defence strategy.

In cases that attract public attention, we take particular care to maintain confidentiality and assess the implications of every communication. Protecting the client and meeting the needs of the proceedings guide our decisions even when public debate becomes intense.

Defending people under investigation and defendants

We assist people involved in criminal proceedings from the very first procedural steps: a notice of investigation, a summons to appear, a search, a seizure or the imposition of a precautionary measure.

We examine the allegations and the case materials accessible at the current stage, reconstruct the facts with the client and identify useful further enquiries. We prepare clients for questioning, carefully considering the exercise of the right to remain silent as well. We prepare written submissions and applications, conduct defence investigations and address measures affecting personal liberty or assets.

When the case reaches trial, we handle the choice of procedure, applications to admit evidence, the examination and cross-examination of witnesses, discussions with experts and closing submissions. We then assess the grounds for appeal and, where necessary, assist with the enforcement stage. We explain to the client the reasons for our proposed choices, the available alternatives and the consequences that may follow.

The protection of victims and civil claimants

We assist victims of crime in reconstructing the facts, gathering documentation and filing reports and formal requests for prosecution. We follow the investigations, submit written observations and applications, and assess whether to oppose any request to discontinue the case.

Those who turn to us must be able to understand their role. The injured party is the person whose interest protected by criminal law has been infringed. A civil claimant is a person who has suffered harm and who, by formally joining the criminal proceedings, brings a claim for restitution or compensation. These roles may coincide, but they involve distinct steps and requirements.

Where the relevant conditions are met, we handle the application to join the proceedings as a civil claimant, document pecuniary and non-pecuniary loss, and pursue the claim for compensation. In situations of particular vulnerability, we also assess the protective measures and arrangements for participating in proceedings provided by law.

References: [4].

Defending entities under Legislative Decree 231/2001

We assist companies and other entities under investigation or facing proceedings under Legislative Decree 231/2001. This concerns an entity’s administrative liability arising from criminal offences, which is generally determined by a criminal court and is separate from the liability of the individual.

This legal framework concerns specific offences laid down by law, committed in the interests or for the benefit of the entity by senior executives or persons under their direction, where the additional statutory requirements are met. It can result in financial penalties, restrictions on business activities and confiscation, with significant consequences for the company’s operations.

We examine the underlying offence, the roles of those involved, the internal organisation and the effective implementation of organisational, management and control models. We build the defence around the entity’s specific position, also considering seizures, precautionary measures and remedial action relevant to the proceedings. We carefully assess the independence of the company’s defence from the positions of the individuals involved.

References: [5].

The offences we handle

We mainly deal with offences against the person, corporate offences, bankruptcy and business insolvency offences, tax offences and sexual offences. Each area requires us to apply our knowledge of the law to the particular circumstances and the available evidence.

Offences against the person

These offences protect interests such as life, physical integrity, individual freedom and reputation. We assist in proceedings involving homicide, bodily injury, threats, stalking and defamation. We also handle cases of domestic violence and abuse, which raise specific protection issues.

In these cases, we reconstruct the sequence of events, examine statements and corroborating evidence, and assess the relationship between the alleged conduct and its outcome. Where necessary, we examine forensic medical issues and any grounds of justification, such as self-defence, rigorously checking whether their requirements are met.

Corporate offences

These concern unlawful conduct relating to the management and operation of companies, the accuracy of corporate disclosures and the protection of assets and capital. Under the relevant provisions, they include false corporate disclosures, disloyal management of company assets and other conduct detrimental to the interests of the company, its shareholders or its creditors.

Our analysis covers financial statements, transactions, resolutions, delegated powers and information flows. We examine the actual roles of directors, supervisory bodies and others involved, distinguishing individual responsibilities and assessing the mental element required for the alleged offence.

Bankruptcy and business insolvency offences

This area includes, among other matters, the various forms of bankruptcy offences, which must now also be considered within the framework of the Business Crisis and Insolvency Code and judicial liquidation. Allegations may concern the use of assets, the keeping of accounting records, preferential payments or conduct affecting the company’s financial collapse and creditors’ claims.

A company’s financial difficulties alone do not establish criminal liability. We reconstruct transactions and management decisions, the financial position at different times and the involvement of each individual. We also determine the law applicable to the facts and the insolvency proceedings concerned.

Tax offences

These are breaches of tax obligations that the law treats as criminal offences. They include, for example, fraudulent or inaccurate tax returns, failure to file returns, issuing invoices for non-existent transactions, concealing accounting records and failing to make payments in circumstances giving rise to criminal liability.

We examine accounting documents, whether the transactions actually took place and the calculation of the disputed tax. We assess the thresholds for criminal liability, where applicable, the knowledge attributed to the person concerned and the effects that payment of the tax debt may have in the particular case. We also provide a defence against seizures and confiscation connected with the alleged offence.

Sexual offences

These offences protect sexual freedom and self-determination, with specific safeguards for minors. We assist in proceedings involving sexual assault, including assaults committed by a group, sexual acts with minors and other forms of sexual exploitation covered by law.

These proceedings require particular rigour in examining statements, communications and technical findings. We handle every case confidentially, safeguarding the rights of the accused and, when we represent the victim, addressing protection needs and the arrangements provided for interviewing vulnerable people.

Defence investigations and experts

We give defence investigations a central role. In many proceedings, a thorough defence requires us to seek out evidence directly to verify or reconstruct the facts. Articles 327-bis and 391-bis et seq. of the Code of Criminal Procedure govern the tools available to defence counsel for this work.

The public prosecutor is also required to investigate matters favourable to the person under investigation. The defence nevertheless has its own powers to investigate and pursue further enquiries, which we exercise independently where this serves the client’s interests.

We assess who may be able to provide relevant information, which documents to obtain and which technical investigations to request. Prompt action can be decisive: a recording may be overwritten, a location altered or a memory become less precise. We therefore identify from the earliest stages which sources to preserve and how to collect the evidence in legally permitted ways.

Depending on the needs of the case, we draw on a network of licensed private investigators, forensic medical specialists, ballistics experts, IT consultants and other specialists. A forensic medical assessment may clarify the origin of an injury; a ballistics analysis may test whether an account of events is consistent with the evidence; an IT expert’s assessment may examine the integrity and context of messages, files and digital data.

Our task is to formulate relevant questions, critically assess the findings and incorporate them into the litigation strategy. The quality of a defence also depends on understanding the method used to reach a technical finding and the limits of the conclusions that can be drawn from it. The same rigour guides the gathering of evidence to protect injured parties.

References: [6].

The stages of criminal proceedings

We explain to the client what stage the proceedings have reached and what decisions may follow. Three roles provide a useful starting point: the public prosecutor directs the investigations and conducts the prosecution; defence counsel protects the client; the judge decides independently of the parties. The course of the case varies according to the offence and the applicable procedure. These are the main stages for the accused.

1. The report of a suspected offence and the investigations

Proceedings begin when the authorities receive information about a possible offence, for example through a report, a formal request for prosecution or police enquiries. The public prosecutor, working with the judicial police, gathers evidence to establish what happened. The person being investigated is the suspect. We act from this stage to protect their rights, examine the accessible case materials and gather evidence for the defence.

2. The conclusion of the investigations

The public prosecutor may ask the judge to discontinue the case or bring a prosecution by formally setting out a charge. In the ordinary procedure, before taking the latter course, the notice of conclusion of investigations under Article 415-bis of the Code of Criminal Procedure allows the defence to examine the case file and submit written observations, documents and requests for further investigations or questioning, within the statutory time limits. Once the prosecution is brought, the person acquires the status of defendant.

3. Review before trial

For many offences, a preliminary hearing is held at which a judge assesses whether the case should proceed to trial. In proceedings brought by direct summons before a single-judge court, a pre-trial hearing serves a screening function. At these hearings, we can argue for a decision bringing the proceedings to an end before trial. Some cases follow different routes, and alternative procedures may be available.

4. Trial and judgment

In an ordinary trial, evidence is taken and examined before the judge: witnesses are heard, party-appointed and court-appointed experts are examined, and documents are admitted. We participate in the taking of evidence and test its reliability through the adversarial process. The decision may be an acquittal, a conviction or a ruling ending the proceedings on other grounds provided by law. A conviction requires guilt to be proved beyond reasonable doubt.

5. Appeals

Where the law permits, we can challenge the judgment by appealing and seeking a review of the points contested. An appeal to the Court of Cassation concerns the correct application of the law and the other defects specified in the Code, including certain flaws in the reasoning. We examine the decision to identify specific grounds of appeal, observing the applicable requirements and deadlines.

6. The final decision and enforcement

A judgment becomes final when it is no longer subject to ordinary appeals. Following a conviction, we assess issues relating to the enforcement of the sentence and, where permitted, eligibility for alternatives to imprisonment. How the sentence is served depends on the penalty, the offence and the person’s circumstances. Where necessary, our assistance continues before the judge responsible for enforcement and the courts supervising the serving of sentences.

References: [7], [8], [9].

Ordinary trial and alternative procedures

The choice of procedure affects how the judge decides, what evidence may be used and the consequences of the decision. We assess it with the client after examining the case materials, the prospects for the defence and the eligibility requirements. Each option has its own rules, deadlines and possible procedural bars. The summaries below concern proceedings against individuals; for entities, we assess the specific rules under Legislative Decree 231/2001.

Ordinary trial

In an ordinary trial, evidence is generally taken at trial through the adversarial process between prosecution and defence. We can apply for witnesses and other evidence to be admitted, examine and cross-examine witnesses, and discuss the findings of technical investigations. This option should be considered where direct testing of the sources of evidence may affect the reconstruction of the facts. The judge may acquit or convict on the basis of the evidence in the proceedings; choosing this procedure does not, in itself, entitle the defendant to a reduced sentence.

Sentence bargaining under Article 444 of the Code of Criminal Procedure

Sentence bargaining (patteggiamento) involves an application for a sentence agreed between the defendant and the public prosecutor, subject to the judge’s scrutiny. Within the limits set by law, it allows a reduction of the sentence by up to one third. Eligibility depends on the agreed sentence, the offence and the statutory conditions relating to the defendant.

We examine the agreement as a whole and its effects, including issues concerning ancillary penalties, confiscation and any further consequences. Sentence bargaining results in the imposition of a sentence: proposing it requires an informed assessment of its merits in the particular case and the available alternatives. The final decision rests with the judge.

Abbreviated trial

In an abbreviated trial (giudizio abbreviato), governed by Articles 438 et seq. of the Code of Criminal Procedure, we ask for a decision generally based on the case materials already gathered. The application may be made conditional on the taking of additional evidence, which is admitted subject to the statutory requirements. The judge may acquit or convict; following a conviction, the sentence is reduced by one third for offences classified as delitti and by one half for those classified as contravvenzioni.

We assess the completeness of the case file and the usefulness of evidence that could be taken at an ordinary trial. We also consider the statutory exclusions, including offences punishable by life imprisonment, and the effects of this choice on procedural issues and appeals.

Suspension of proceedings with probation

For the offences and under the conditions specified by law, the defendant may request suspension of the proceedings with probation (messa alla prova), under Article 168-bis of the Criminal Code and Articles 464-bis et seq. of the Code of Criminal Procedure. This involves a rehabilitation programme, community service and other specified requirements, including activities aimed at eliminating or mitigating the consequences of the offence and, where possible, compensating for the harm caused.

We handle the application and prepare the necessary supporting material, working with the Office for External Enforcement of Sentences (Ufficio di esecuzione penale esterna). If probation is completed successfully, the judge declares the offence extinguished; if it is unsuccessful or revoked, the proceedings resume. This process requires a real commitment and a prior assessment of eligibility and feasibility.

References: [10], [11], [12].

Agreements on appeal

At the appeal stage, we also assess the agreement procedure under Article 599-bis of the Code of Criminal Procedure. This allows the parties to agree that some or all of the grounds of appeal should be upheld, waiving any remaining grounds. If the agreement involves a revised sentence, the agreed sentence is also specified.

We study the first-instance judgment and the grounds of appeal to determine whether this solution serves the client’s interests. Discussions with the Prosecutor General’s Office require a reasoned proposal and an assessment of the consequences of waiving the grounds that will no longer be pursued.

The agreement remains subject to the Court of Appeal’s decision. It does not provide a fixed sentence reduction comparable to that available under certain first-instance procedures: any change depends on the grounds upheld and the terms of the agreement. We therefore examine the potential benefits alongside the issues that will no longer be pursued as a result of the waiver.

References: [13].

The initial consultation with our law firm

At the initial consultation, we examine the available case materials, reconstruct the events and identify any urgent matters. We define the work required and explain the defence options, providing a reasoned assessment of the prospects and costs of the engagement.

Those who entrust us with their case must understand what is happening and the significance of the decisions to be made. We devote our preparation and the work of the team to this purpose, with the confidentiality and independence that criminal defence requires.