Undergoing a judicial administration measure for a company represents one of the most critical and complex moments in a business's life. The appointment of a judicial administrator, often ordered within criminal proceedings or preventive measures, inevitably generates uncertainty about the future of commercial activities, relationships with employees, and ties with suppliers. As an expert lawyer in corporate criminal law in Milan, Avv. Marco Bianucci deeply understands the destabilizing impact of this measure and works to protect the company's assets and continuity.
The Legal Framework of Judicial Administration
Judicial administration of assets connected to economic activities and companies is a measure primarily governed by the Anti-Mafia Code. Its fundamental purpose is not the closure of the company, but its remediation. The Court intervenes when there is a well-founded reason to believe that the economic activity is, even indirectly, subject to conditions of intimidation or facilitates the activity of individuals investigated for serious crimes. The law's objective is to sever illicit ties, allowing the healthy company to continue operating in the legal market.
During this period, the management of the company is entrusted to an administrator appointed by the judge, who works alongside or replaces the company's management bodies. It is a delicate phase where strategic and operational decisions must be carefully considered to ensure the preservation of company value and the safeguarding of employment levels, in full compliance with the law.
The Bianucci Law Firm's Approach
Facing a patrimonial prevention measure requires a deep understanding of procedural and corporate dynamics. The approach of Avv. Marco Bianucci, a criminal lawyer in Milan with consolidated experience in defending companies, focuses on rapidly understanding the challenges raised by the Judicial Authority. The primary goal is to establish a constructive and transparent dialogue with the judicial administrator and the Court, demonstrating the company's actual estrangement from the alleged illicit dynamics.
The Bianucci Law Firm meticulously analyzes every accounting, corporate, and management aspect. The defense strategy aims to limit the effects of the measure, supporting the entrepreneur in demonstrating the traceability and legality of financial flows. Through the preparation of detailed defense briefs and the request for verification hearings, Avv. Marco Bianucci works tirelessly to obtain the revocation of the measure as soon as possible, restoring full operational capacity to the legitimate owners and preserving business continuity.
Frequently Asked Questions
What does judicial administration mean for employees?
The measure does not automatically imply staff dismissals. On the contrary, one of the main objectives of judicial administration is precisely the safeguarding of jobs. The administrator appointed by the Court takes over management to ensure that the activity continues legally, ensuring the regular payment of salaries and the maintenance of existing employment contracts, provided they are not the result of illicit dynamics.
Is it possible to oppose the judicial administration measure?
Absolutely yes. It is possible to appeal against the Court's decree ordering judicial administration. It is crucial to act promptly, relying on qualified technical defense to contest the factual and legal premises that led to the issuance of the measure, demonstrating the absence of illicit infiltration or facilitation within the company structure.
How long does the judicial administration of a company last?
The duration of the measure is set by the judge and usually does not exceed an initial period of six months, which can be renewed if the precautionary or remediation needs persist. However, if the company demonstrates that it has overcome the critical issues and can operate in total autonomy and legality, the Court may order the early revocation of the measure, returning management to the owners.
Can the company continue to participate in public tenders?
Yes, the continuation of business activities generally includes the possibility of participating in tenders and public procurement, with the prior authorization of the delegated judge. The judicial administrator will assess the economic convenience and regularity of participation, working to ensure that the company does not lose significant market share during the period of the measure.
Protect Your Company: Contact the Bianucci Law Firm
If your company has been subjected to a preventive measure or if you fear it may be soon, it is essential to act with the utmost urgency. Contact Avv. Marco Bianucci for an in-depth and confidential assessment of your case. During the initial consultation, we will analyze your company's specific situation to outline the most appropriate defense strategy, with the aim of protecting company assets and restoring normal operational continuity in full compliance with current regulations.