Business Interruption and Customs Seizure
Having your goods seized by customs is a critical event that can paralyze an entire business. When assets are blocked due to a judicial order, the economic and operational damage grows daily. In these circumstances, acting promptly and with the correct procedural strategy is fundamental. As a criminal lawyer in Milan, lawyer Marco Bianucci deeply understands the urgency of restoring business operations, approaching the situation with clarity and methodological rigor.
The Regulatory Framework: Seizure and Criminal Review
In the customs context, goods can be subjected to criminal restraint primarily through two instruments: evidentiary seizure or preventive seizure. The former aims to obtain evidence of an alleged crime, such as the introduction of counterfeit products into the State or smuggling. The latter, instead, aims to prevent the free availability of the goods from aggravating or prolonging the consequences of the crime itself. Both measures heavily impact the right of ownership and the freedom of economic initiative of the entrepreneur.
Our legal system provides a rapid and effective appeal mechanism to counter these restraints: the request for review. By submitting a specific application to the Review Court (Tribunale del Riesame), it is possible to request the annulment of the seizure order and the consequent return of the goods. However, the deadlines for initiating this procedure are peremptory and extremely tight. The application must be filed within ten days from the date the interested party became aware of the order, under penalty of inadmissibility.
The Bianucci Law Firm's Approach
The approach of lawyer Marco Bianucci, an expert lawyer in criminal law in Milan, is based on a meticulous analysis of the specific case. Before undertaking any initiative, it is essential to obtain and thoroughly study the seizure order and the available investigation documents. This preliminary study allows for the identification of any formal defects or motivational deficiencies in the order issued by the Public Prosecutor or the Preliminary Investigations Judge.
The Bianucci Law Firm carefully evaluates whether the review route is the most appropriate procedural choice or if other applications are feasible, such as a direct request for release from seizure to the prosecuting authority, should the precautionary needs have ceased. The strategy is tailor-made, taking into account the specific nature of the goods, the nature of the charges, and the urgent needs of the company, with the aim of maximizing the chances of a favorable outcome in the shortest possible time.
Frequently Asked Questions
What are the deadlines for filing a request for review against a criminal seizure?
The law stipulates that the request for review must be filed within ten days. This deadline runs from the moment the interested party has received notification of the seizure order or has actually become aware of it. Missing this deadline means losing the opportunity to use this specific appeal mechanism, making it necessary to explore alternative and often longer procedural paths.
What is the difference between evidentiary seizure and preventive seizure in customs?
Evidentiary seizure serves the judicial authority to acquire the corpus delicti or items relevant to the crime necessary for establishing the facts during investigations. Preventive seizure, on the other hand, is ordered to prevent the availability of the goods from facilitating the commission of other crimes or aggravating the consequences of the crime for which proceedings are underway. The distinction is crucial because it determines the legal grounds that the defense must contest.
What happens if the Review Court rejects the request for release from seizure?
If the Review Court upholds the seizure by rejecting the request, the restraint on the goods remains. In this scenario, it is possible to appeal to the Court of Cassation against the Court's order, but exclusively for violations of law and not for matters of substance. Alternatively, if the factual or legal circumstances change during the investigation, it will be possible to submit a new request for revocation of the seizure to the Public Prosecutor or the Judge.
Protect Your Business
Dealing with the customs seizure of your goods requires technical expertise and promptness. The strict deadlines leave no room for hesitation or improvised defenses. Contact lawyer Marco Bianucci at the Bianucci Law Firm at via Alberto da Giussano, 26 in Milan, for an in-depth analysis of the order and to define the most suitable procedural strategy to protect your rights and your business.