When a professional is involved in investigations or disputes concerning the actions of a client, the situation can cause deep concern regarding the consequences for their career and reputation. In these delicate circumstances, proving that one has acted in full compliance with the rules and without any illicit intent becomes the absolute priority. As a criminal lawyer in Milan, lawyer Marco Bianucci perfectly understands the complex dynamics that link the tax advisor to the assisted company and the importance of promptly demonstrating the professional's estrangement from the contested facts.

The Regulatory Context: Professional Liability and Absence of Intent

In our legal system, criminal liability is personal. However, an accountant or business consultant can be held liable for complicity in a crime committed by their client, should conscious and voluntary contribution to the commission of the offense be hypothesized, such as in matters of tax or corporate crimes. To exclude this liability, it is crucial to demonstrate the absence of so-called intent (dolo), meaning the lack of will and awareness of participating in an action contrary to the law.

It is in this scenario that the demonstration of good faith plays a central role. Proving good faith means documenting that the professional has fulfilled their mandate with the utmost diligence, relying on the information and documents provided by the client, without being able to reasonably suspect the presence of a criminal scheme. Evidentiary elements therefore become the primary shield to protect the consultant's integrity and demonstrate that any irregularities were concealed with artifices designed to deceive even an expert eye.

The Bianucci Law Firm's Approach in Defending Professionals

Facing an accusation of complicity in offenses requires meticulous analysis and a proactive defense strategy. The approach of lawyer Marco Bianucci, as a criminal lawyer experienced in protecting professional figures, is based on a rigorous documentary reconstruction of the entire consultancy relationship. The Bianucci Law Firm proceeds with an in-depth examination of the professional mandate, verifying its limits and specific attributions, to clearly define the scope of the accountant's responsibility.

In addition to the formal mandate, the utmost attention is paid to the correspondence exchanged with the client. Emails, written communications, requests for clarification, and internal control procedures represent invaluable documentary evidence. These elements allow for the demonstration that the professional asked appropriate questions, requested the necessary supporting documents, and warned the client about the risks of certain operations, acting with the utmost transparency and diligence. Building a solid evidentiary framework based on this objective data is the core of the defense action promoted by the firm.

Frequently Asked Questions

What are the risks for an accountant if their client commits a tax crime?

If the authorities believe that the accountant has made a conscious contribution to the commission of the tax crime, for example by suggesting fraudulent schemes or preparing demonstrably false declarations while knowing the facts, the professional may be investigated for complicity in the crime. This entails the risk of undergoing criminal proceedings, with the associated penalties provided by law, as well as serious repercussions on a disciplinary and civil level.

What documents are most useful for demonstrating the consultant's good faith?

The most relevant documents include the written and detailed professional mandate, emails documenting requests for documentation from the client, the responses received, meeting minutes, and communications in which the professional expresses doubts or advises against specific operations. Proof of having adopted internal verification and control procedures also significantly contributes to demonstrating diligence and the absence of intent.

Is it sufficient to state that one was unaware of the client's intentions?

No, a simple declaration of unawareness is almost never sufficient during an investigation. It is necessary to support this statement with concrete and documentary evidence. From the perspective of a criminal lawyer, the defense must demonstrate that the ignorance of the illicit acts was blameless, meaning that the professional, despite exercising the diligence required by their role, had no way of discovering the fraud orchestrated by the client due to the artifices used by the latter.

Protect Your Profession: Request Legal Consultation

Facing accusations related to the exercise of one's profession requires clarity of mind and the support of qualified legal guidance. The costs and timelines of a proceeding depend on numerous factors specific to each individual case, and only a careful preliminary examination can provide a clear picture of the economic and procedural situation. Contact lawyer Marco Bianucci at the Milan office located at Via Alberto da Giussano, 26, for an initial consultation. Through an in-depth and confidential analysis, it will be possible to evaluate the available evidence and outline the most solid defense strategy to protect your good faith and your career.