Experiencing a preventive seizure of assets or bank accounts of one's company represents one of the most critical and delicate moments for a business. The sudden halt of financial operations can paralyze productive activities, jeopardizing the very future of the company, relationships with suppliers, and the stability of employees. In such circumstances, promptness and clarity of analysis are fundamental. The approach of lawyer Marco Bianucci, a criminal lawyer in Milan with consolidated experience in corporate criminal law, focuses on the immediate analysis of the precautionary measure to identify the most effective defense strategies, aimed at protecting assets and restoring business operations.
The Regulatory Framework: Seizure under Legislative Decree 231/2001
Legislative Decree 231 of 2001 introduced administrative liability for entities in our legal system for offenses committed in their interest or to their advantage by directors, managers, or employees. When the judicial authority proceeds for one of the predicate offenses provided for by the decree, the Judge for Preliminary Investigations may order the preventive seizure of things related to the offense or those subject to confiscation, such as the profit or price of the illicit act itself.
This real precautionary measure aims to prevent the free availability of assets from aggravating or prolonging the consequences of the offense, or facilitating the commission of other illicit acts. Very often, the seizure directly affects the positive balances of corporate bank accounts, blocking essential liquidity. Understanding the nature of the restriction and the legal prerequisites that justify it is the first step in organizing a solid and targeted defense for the release of the assets.
The Bianucci Law Firm's Approach to Company Protection
Dealing with a seizure under Decree 231 requires a deep understanding of criminal procedural dynamics intertwined with purely corporate ones. As an experienced criminal law attorney in Milan, lawyer Marco Bianucci adopts a rigorous methodology that begins with a thorough study of the order applying the measure. The primary objective is to verify the actual existence of the "fumus commissi delicti," meaning the well-foundedness of the accusation, and the "periculum in mora," i.e., the concrete risk associated with the company's availability of assets.
The Bianucci Law Firm works in close synergy with company management to promptly gather all useful documentation to demonstrate the company's non-involvement in the contested facts, the effectiveness of the Organization and Management Models (MOG) adopted, or the absence of actual confiscable profit. This delicate phase of defensive investigation is crucial for preparing the appeal before the Court of Liberty, aiming to obtain the annulment or drastic reduction of the restriction imposed on corporate assets.
Frequently Asked Questions
How long do I have to appeal a seizure?
The request for review against the order issuing the preventive seizure must be filed within ten days from the date of execution of the measure or from the date the interested party became aware of it. Adherence to this deadline is mandatory and fundamental to promptly contest the legality of the restriction before the competent Court of Review.
What happens if the seizure blocks the payment of salaries and taxes?
This is one of the most serious critical issues a company must face. In certain circumstances, the defense can submit a documented request to the Judge to seek authorization to use a portion of the seized funds to cover essential and unavoidable expenses, such as the payment of employee salaries or taxes, in order to safeguard business continuity and prevent the collapse of operations.
Does a seizure under Decree 231 always lead to the definitive confiscation of assets?
No, preventive seizure is a provisional precautionary measure. Definitive confiscation only occurs in the event of a conviction of the entity. Throughout the criminal proceedings, the defense's objective is to demonstrate the lack of prerequisites for the company's liability or to prove that the seized assets do not constitute the profit of the crime, working towards their full restitution.
Address Corporate Seizure with a Targeted Strategy
The freezing of company assets requires timely and highly qualified legal interventions to avoid irreparable damage to business continuity. The costs and timelines of a seizure release proceeding depend strictly on the complexity of the accusatory framework, the nature of the contested offenses, and the volume of documentation to be analyzed. During an initial consultation, lawyer Marco Bianucci will carefully assess the order and the company situation, providing a clear, transparent, and realistic overview of the practicable defense options and the expected financial commitment. Contact the Bianucci Law Firm to schedule an appointment and promptly structure your company's defense.