Criminal Defense in Cases of Fraud Involving State and European Funds

Receiving an investigation notice or a notice of guaranteed rights for crimes related to the undue receipt of public funds represents a moment of extreme criticality for any entrepreneur or private citizen. In an economic context where state and European funding are vital for business development, supervisory authorities maintain a very high level of vigilance. As a criminal lawyer practicing in Milan, I deeply understand the devastating impact such an accusation can have on personal reputation and the operational continuity of a business. It's not just about facing a trial, but about managing a situation that risks freezing bank accounts and compromising the professional future of the investigated party.

The Regulatory Framework: Article 640 bis of the Italian Penal Code

The crime of aggravated fraud for obtaining public grants is governed by Article 640 bis of the Italian Penal Code. This provision punishes anyone who, through artifices or deceptions, unjustly obtains contributions, financing, subsidized loans, or other similar grants, provided or disbursed by the State, other public bodies, or the European Communities. The peculiarity of this crime lies in its offensive nature: the legislator intended to protect not only the assets of the Public Administration but also the correct allocation of public resources aimed at economic and social development.

Unlike simple fraud, this specific offense is prosecuted ex officio and carries significantly more severe custodial penalties, which can reach up to seven years of imprisonment. It is crucial to emphasize that the crime is considered consummated at the moment the public body orders the disbursement of funds, even if they have not yet been physically collected. Often, disputes arise from documentary discrepancies, false declarations regarding eligibility for tenders, or the use of funds for purposes other than those specified by the funded project. In many cases, investigations also involve the Guardia di Finanza and can lead to precautionary real measures, such as the preventive seizure of assets equivalent to the profit of the crime.

Studio Legale Bianucci's Approach to Defense in Financial Crimes

The approach of Avv. Marco Bianucci, as a lawyer specializing in economic criminal law in Milan, is based on a technical and meticulous analysis of every single aspect of the accusation. Defense in these cases cannot be limited to procedural arguments alone but requires a deep understanding of the administrative and accounting mechanisms that govern public tenders. The defense strategy begins with a thorough examination of the Public Prosecutor's file and company documentation to verify the existence of the subjective element of the crime, namely intent (dolo).

Often, what is alleged as a planned fraud may turn out to be the result of misinterpretations of complex regulations or mere administrative irregularities that have no criminal relevance. Avv. Marco Bianucci works to demonstrate the absence of artifices and deceptions, essential elements for the crime to be constituted. Furthermore, particular attention is paid to the protection of the entity: since these crimes can trigger the administrative liability of entities pursuant to Legislative Decree 231/2001, the firm offers integrated defense that protects both the investigated individual and the company, aiming to avoid disqualifying sanctions that could paralyze business activities.

Frequently Asked Questions

What are the risks if I am convicted of aggravated fraud under art. 640 bis of the Italian Penal Code?

The penalty for aggravated fraud for obtaining public grants is imprisonment from two to seven years. As this is a serious crime, a conviction can also lead to significant accessory consequences, such as disqualification from public office or the inability to contract with the Public Administration, in addition to the confiscation of assets equivalent to the amount unduly received.

Can my company be involved in the criminal proceedings?

Yes, it is very likely. Fraud against the State or the European Union is one of the predicate offenses that trigger the administrative liability of the entity under Legislative Decree 231/2001. This means that, in addition to the investigated director or employee, the company itself can face proceedings and risk heavy monetary or disqualifying sanctions, such as the revocation of funding or a ban on advertising goods or services.

My bank accounts have been frozen, what can I do?

The freezing of accounts typically occurs through a preventive seizure order aimed at confiscation. As a lawyer specializing in criminal law, Avv. Marco Bianucci can file a review application with the Tribunal for Liberty to contest the grounds for the seizure, demonstrating, for example, that the frozen assets are not the profit of the crime or that the measure is disproportionate, in order to obtain the release of the assets and allow the company to continue operating.

What happens if I made only an error in filling out the application?

If the irregularity is the result of a good-faith error and there was no intention to deceive the granting body (intent/dolo), the act may not constitute a criminal offense but only an administrative violation. The defense will aim to demonstrate the absence of artifices or deceptions and the lack of fraudulent intent, which are necessary elements for a criminal conviction.

Request Immediate Legal Consultation

If you are involved in an investigation for fraud concerning public funding or fear your company may be at risk, time is a determining factor. Prompt defense can make the difference between a conviction and a dismissal. Contact Avv. Marco Bianucci for a preliminary assessment of your case and to define the best defense strategy to protect your freedom and your assets.