Undelivered Business Supply: The Line Between Breach of Contract and Fraud
Experiencing the non-delivery of a business supply that has been duly paid for represents a critical damage for any company, capable of halting production and generating significant economic losses. When, in addition to the damage, the sudden disappearance of the seller occurs, the situation worsens, transforming from a potential commercial unforeseen event into a genuine criminal offense. As a criminal lawyer in Milan, Avv. Marco Bianucci deeply understands the repercussions of such events on business stability and offers assistance in correctly framing the situation from a legal perspective.
In Italian law, it is crucial to distinguish between a simple breach of contract, which is purely civil in nature, and contractual fraud, punishable by Article 640 of the Criminal Code. For the crime of fraud to be established, it is not enough that the goods are not delivered after payment. It is necessary to prove that the fake supplier acted with "artifices or deceptions," misleading the buyer solely for the purpose of obtaining an unjust profit. For example, the creation of a fake business identity, the presentation of false references, or the simulation of non-existent logistics are elements that outline a clear fraudulent intent from the negotiation phase.
The Bianucci Law Firm's Approach to Business Protection
Dealing with contractual fraud requires promptness and rigorous analysis of the evidence. The approach of Avv. Marco Bianucci, an expert criminal lawyer in Milan, is based on a meticulous evaluation of all documentation exchanged between the parties. Every email, signed contract, quote, company registration, and bank transfer record is examined to reconstruct the seller's deceptive conduct and structure a solid and effective protection strategy.
The drafting of the complaint is an extremely delicate step. It is not a simple narration of facts, but a legal document that must precisely highlight the constituent elements of the crime, providing the Judicial Authority with all the necessary tools to initiate rapid and targeted investigations. The Bianucci Law Firm handles the drafting and filing of the complaint, constantly monitoring the evolution of the criminal proceedings and, in parallel, evaluating the most suitable civil actions to attempt to recover the sums illicitly taken from the company's assets.
Frequently Asked Questions
What is the difference between a simple delay and contractual fraud?
A delay in delivery or non-performance constitutes a civil wrong if it arises from disorganization or the supplier's subsequent impossibility. On the other hand, contractual fraud, which is a criminal matter, occurs when the supplier has orchestrated a deception from the outset, using artifices and deceptions to convince the company to pay for a supply that they had no intention or ability to deliver.
How much time do I have to file a complaint if I discover I have been defrauded?
For the crime of simple fraud, Italian law provides that the complaint must be filed within three months from the day the victim became aware of the act constituting the crime. This is a strict deadline, so it is crucial to act promptly as soon as you have reasonable certainty of having been the victim of a scam, immediately gathering all available evidence.
Is it possible to recover the money paid to a supplier who has disappeared?
Recovering credit in cases of fraud is a complex operation, as fraudsters often conceal capital or use shell companies. However, through criminal investigations stemming from the complaint, it is possible to request the preventive seizure of any bank accounts or assets attributable to the responsible parties. Subsequently, by becoming a civil party in the criminal proceedings, one can claim compensation for the damages suffered.
Protect Your Business: Request a Consultation
If your company has paid for a supply that was never delivered and you suspect you are the victim of fraud, time is a critical factor. It is essential to quickly assess the situation to avoid losing crucial evidence. Contact Avv. Marco Bianucci at the Bianucci Law Firm in Milan, at Via Alberto da Giussano 26, for an in-depth analysis of the matter. During the consultation, the documents in your possession will be examined to define the most appropriate legal strategy to protect your company's interests and assets.