Receiving a charge for the crime of fraud in public procurement is a moment of profound criticality for any entrepreneur or company director. The consequences of such an accusation are not limited to the risk of severe criminal sanctions but can irreparably damage corporate reputation and the ability to participate in future public tenders. In these situations, it is crucial to maintain composure and promptly seek qualified legal defense. As a criminal lawyer in Milan, Avv. Marco Bianucci fully understands the disorientation that follows the notification of an investigation of this type and offers structured legal support to face every stage of the proceedings with the utmost preparation.
The Crime of Fraud in Public Procurement
Italian criminal law governs the crime of fraud in public procurement under Article 356, punishing anyone who commits fraud in the execution of supply contracts or in the fulfillment of the obligations arising therefrom, when these are stipulated with the State, with another public entity, or with a company providing public services. For this specific offense to be constituted, a mere contractual breach, such as a simple delay or a minor discrepancy, is not sufficient. The presence of intent, i.e., the conscious will to deceive the Public Administration by delivering goods or services different in quality, quantity, or origin from what was agreed upon in the tender specifications, is necessary.
Jurisprudence has clarified over time that fraudulent conduct must be capable of evading the contracting authority's controls, constituting a genuine malicious stratagem. This aspect is of crucial importance for the defense, as it marks the fine line between a civil offense, resolvable with compensation for damages or contract termination, and a criminal offense, which entails much more serious consequences for personal liberty and the defendant's assets.
The Approach of the Bianucci Law Firm
Facing an accusation of this nature requires a meticulous and multidisciplinary defense strategy. The approach of Avv. Marco Bianucci, as an expert lawyer in corporate criminal law in Milan, is based on a surgical analysis of all relevant documentation. The first step involves a thorough examination of the tender notice, the special tender specifications, and the stipulated contract, to precisely define the obligations undertaken by the company. Subsequently, the Bianucci Law Firm proceeds with a cross-check between the required technical specifications and the actual characteristics of the goods or services delivered.
The defense focuses on deconstructing the accusatory hypothesis, demonstrating, where possible, the absence of intent or the inadequacy of the conduct to constitute actual fraud. Often, disputes arise from technical misunderstandings or variations during execution that were not properly formalized, rather than from a genuine intent to deceive. Through the assistance of expert consultants, Avv. Marco Bianucci works to reconstruct the actual dynamics of the facts, highlighting every piece of evidence useful to demonstrate the entrepreneur's good faith or the exclusively civil nature of the breach.
Frequently Asked Questions
What are the risks if convicted of fraud in public procurement?
Article 356 of the Italian Penal Code provides for imprisonment from one to five years and a fine from €1,032 to €5,164. However, the consequences go far beyond custodial and pecuniary penalties. A final conviction for this crime generally entails temporary disqualification from management positions in legal entities and companies, as well as the inability to contract with the Public Administration, causing incalculable damage to business activities.
Does a simple delay in delivery constitute this crime?
No, a simple delay in the execution of the supply, as well as a contractual breach devoid of malice, does not constitute criminal fraud. To constitute the crime provided for by art. 356 of the Penal Code, it is essential to demonstrate the existence of a deceptive stratagem and the specific intent to defraud the public entity. In the absence of these elements, the delay is classified as a civil offense, punishable by penalties or contract termination.
How can I defend myself if the supply was non-compliant but verbally agreed upon?
Verbal modifications to contracts with the Public Administration are extremely problematic, as written form is generally required under penalty of nullity. However, from a criminal law perspective, demonstrating that there was an informal agreement or tolerance from the officials responsible for control can be crucial to exclude the psychological element of intent, transforming the conduct from criminal fraud to an administrative or civil irregularity.
How much does it cost to be assisted in a trial of this type?
The costs of criminal proceedings for corporate crimes depend on multiple variables, including the complexity of the indictment, the volume of documentation to be analyzed, and the need to appoint expert consultants. For this reason, it is not possible to provide general estimates. During the initial consultation, Avv. Marco Bianucci will carefully assess the specifics of the concrete case, providing a transparent and detailed overview of the required defense effort.
Request a Legal Consultation in Milan
An investigation for fraud in public procurement requires a prompt and highly qualified response to protect your freedom and the future of your company. Do not let an accusation jeopardize years of work and sacrifice. Contact the Bianucci Law Firm at Via Alberto da Giussano, 26 in Milan to schedule a confidential meeting. Avv. Marco Bianucci will listen to your version of the facts, analyze the preliminary documentation, and build with you the most solid and effective defense strategy to face the criminal proceedings.