The Problem of Non-Return
Entrusting one's goods on a sale-or-return basis represents a valid commercial opportunity, but when the merchandise is neither returned nor paid for by the deadline, the situation can cause serious concern for the entrepreneur or private individual. In such cases, it is crucial to understand the available protective tools to avoid financial damage. The approach of lawyer Marco Bianucci, an expert in criminal law in Milan, focuses on the timely analysis of documentation to identify the most effective strategy for recovering the goods or their value, carefully assessing the criminal relevance of the counterparty's conduct.
The Legal Framework: When Does a Crime Occur?
The consignment contract, commonly known as sale-or-return, provides that one party delivers one or more movable items to another, who undertakes to pay the price, unless they return the items within the agreed period. If the recipient retains the goods, deliberately refusing to return them or pay for them, mere civil breach of contract can turn into a genuine criminal offense.
Specifically, the conduct of someone who refuses to return goods received on consignment or sale-or-return, behaving as if they were the absolute owner, typically constitutes the crime of embezzlement, provided for by Article 646 of the Italian Penal Code. In more complex circumstances, if there were deceitful maneuvers or artifices from the very moment of the initial agreement, aimed at deceiving the supplier to steal the goods, the more serious crime of fraud could be constituted.
The Bianucci Law Firm's Approach
Faced with the non-return of goods on consignment, it is essential to act with clarity and technical precision. From the perspective of a lawyer specializing in criminal law, it is crucial not to let too much time pass with useless informal reminders, as the legal deadlines for filing a complaint are peremptory and non-negotiable.
The Bianucci Law Firm addresses each case starting with a meticulous examination of the historical facts. Lawyer Marco Bianucci reviews the original agreement, the communications between the parties, and any formal notices already sent. This rigorous review makes it possible to establish with certainty whether there are solid grounds for drafting and filing a complaint with the Public Prosecutor's Office, a tool that often proves decisive in resolving the situation. The primary objective is always to provide the client with clear and realistic advice, outlining the available legal options and the potential outcomes of the action taken.
Frequently Asked Questions
How much time do I have to file a complaint for embezzlement?
Italian law stipulates that a complaint for the crime of embezzlement must be filed within the peremptory period of three months. This period begins to run not from the day the goods were delivered, but from the moment the victim became certain of the fact constituting the crime, i.e., from the day of the unequivocal and definitive refusal to return the merchandise by the holder.
Can I file a complaint if we didn't have a written contract for the sale-or-return agreement?
The lack of a formal written contract undoubtedly makes the situation more complex from a evidentiary standpoint, but it does not prevent legal action to protect one's rights in any way. It is possible to prove the existence of the sale-or-return agreement and the actual delivery of the goods through other concrete elements, such as message exchanges, emails, delivery notes, third-party testimonies, or proforma invoices.
What happens if the person who has my goods claims to have lost them or had them stolen?
The declaration of loss or theft by the person holding the goods on consignment must be carefully evaluated and, if lacking objective evidence, formally contested. If it can be proven that the alleged loss is merely an artificial pretext to avoid returning the merchandise and conceal the appropriation, the crime still exists. In these scenarios, it will be crucial to gather investigative evidence that refutes the version provided by the counterparty.
Entrust the Protection of Your Assets to a Professional
If you have delivered merchandise on consignment and are unable to obtain its rightful return or the agreed-upon payment, do not wait for the situation to become irreversibly compromised. Targeted and timely legal intervention is essential to protect your rights and attempt to recover your assets. Contact lawyer Marco Bianucci to schedule an initial consultation at his office in Milan. During the meeting, the specific details of your case will be analyzed to define the most appropriate and transparent legal strategy to address and resolve the matter.