Receiving a notice of investigation for the crime of obstruction of the exercise of supervisory public authorities' functions represents a moment of profound criticality for any business entity. The pressure exerted by bodies such as Consob, Bank of Italy, or Ivass, combined with the risk of serious criminal and reputational sanctions, requires immediate and considered management. As a criminal lawyer in Milan, lawyer Marco Bianucci perfectly understands the complex dynamics and stress that directors, statutory auditors, and managers face in these delicate circumstances.
The Crime of Obstruction of Supervision: Regulatory Context
The crime of obstruction of supervision, governed by Article 2638 of the Civil Code, severely punishes conduct aimed at preventing or delaying the activity of public authorities responsible for overseeing markets and companies. The provision applies to key figures such as directors, general managers, managers responsible for preparing accounting documents, statutory auditors, and liquidators.
The unlawful conduct can manifest in various forms. It often materializes in the presentation of untrue material facts, or in the fraudulent concealment of facts that should have been communicated by law. It is fundamental to understand that even simple delay or reticence in mandatory communications, if carried out with the intent to obstruct supervisory functions, can constitute the elements of the crime, leading to significant criminal consequences for the individuals involved and potential administrative liability for the entity.
The Bianucci Law Firm's Approach to Corporate Defense
Facing an accusation for corporate crimes requires a meticulous defense strategy and a deep understanding of business dynamics. The approach of lawyer Marco Bianucci, an expert lawyer in economic criminal law in Milan, is based on the rigorous analysis of every single document, financial statement, and communication exchanged between the company and the supervisory authority.
The Bianucci Law Firm does not limit itself to mere technical defense in court proceedings but supports management from the earliest stages of inspection or information requests. The primary objective is to faithfully reconstruct internal decision-making processes, demonstrating, where the facts allow, the absence of intent or the correctness of the company's operations. Every strategy is tailor-made, carefully evaluating the specificities of the sector in which the company operates and the particular requirements of the supervisory authority involved, to ensure the maximum protection of the rights of the investigated parties and the safeguarding of business continuity.
Frequently Asked Questions
What are the risks if convicted of obstructing supervision?
Article 2638 of the Civil Code provides for custodial sentences that can reach up to four years of imprisonment, depending on the severity of the conduct, the extent of the concealment, and the role held within the company. Furthermore, a conviction may entail accessory penalties such as temporary disqualification from executive offices of legal entities and businesses, with significant impacts on the individual's professional career.
Can the company be held liable for this crime?
Yes, the crime of obstruction of the exercise of supervisory public authorities' functions is among the predicate offenses provided for by Legislative Decree 231/2001. If the crime is committed in the interest or to the advantage of the entity by individuals in apical positions, the company itself may incur pecuniary and disqualifying sanctions, unless it demonstrates that it has adopted and effectively implemented organizational and management models suitable for preventing such offenses.
How should one behave during an inspection by the supervisory authority?
During an inspection, it is essential to maintain a cooperative attitude, avoiding any behavior that could be interpreted as reticent or obstructive. However, it is equally crucial not to provide hasty statements or produce documentation without prior careful evaluation. Prompt legal support allows for the correct management of communication with the inspectors, protecting the rights of the individuals involved from the very first access.
Protect Your Professional and Corporate Position
An investigation for obstruction of supervision requires a timely, strategic, and highly qualified legal response. Delaying the engagement of expert advice can compromise the available defense options, worsening the position of individual managers and the entire corporate structure. The Bianucci Law Firm is ready to analyze the documentation and define the best course of action to protect your interests.
Contact lawyer Marco Bianucci at the Milan office at via Alberto da Giussano, 26, to schedule a confidential introductory meeting. During the meeting, the details of the matter will be examined to clearly outline the necessary steps to be taken, possible procedural strategies, and the commitment required to build a solid and targeted defense.