Suddenly discovering that your current account has been frozen or that your family home has been subjected to a judicial lien due to an investigation for tax offenses involving your spouse represents a moment of profound disorientation. Preventive seizure is an incisive precautionary measure that severely impacts the daily life and economic serenity of the entire family unit. In these situations, it is crucial to know that the law provides specific tools to protect the spouse who has not participated in any way in the commission of the offense. As a lawyer with expertise in criminal law in Milan, Avv. Marco Bianucci handles these delicate matters, offering targeted assistance to protect the assets of those who are strangers to the alleged facts.

The Regulatory Framework: Seizure and Protection of the Bona Fide Third Party

When the Judicial Authority investigates tax crimes, such as tax evasion, fraud, or failure to file a return, it frequently orders a preventive seizure aimed at confiscation. This measure seeks to block assets equivalent to the profit of the alleged crime. However, in practice, it often happens that assets held in joint legal ownership or joint bank accounts are affected, ultimately depriving the innocent spouse of their legitimate financial resources or the enjoyment of their real estate.

Italian case law, in line with constitutional principles, establishes that seizure cannot definitively prejudice the rights acquired by third parties in good faith, i.e., those who are entirely unrelated to the crime. If a bank account is jointly held, for example, it is presumed that the sums belong fifty percent to each spouse, unless proven otherwise. Therefore, the share belonging to the spouse not under investigation should not be affected, and if it is, legal action can be taken to request its immediate release.

The Bianucci Law Firm's Approach to Defending Family Assets

Dealing with a seizure order requires promptness, precision, and a deep understanding of procedural dynamics. The approach of Avv. Marco Bianucci, a criminal lawyer in Milan with extensive experience in property crimes and tax offenses, is based on a meticulous analysis of banking and asset documentation. The primary objective is to unequivocally demonstrate the exclusive lawful origin of the funds or the actual ownership of real estate shares belonging to the spouse not involved in the investigation.

The Bianucci Law Firm works closely with the client to reconstruct the traceability of financial flows, demonstrating, for example, that the blocked funds derive from the salary, an inheritance, or the personal savings of the innocent spouse, and not from the alleged profit of the tax crime. This rigorous evidentiary reconstruction is essential for presenting a solid and persuasive request for release before the Review Court, aiming to restore full availability of the assets to those entitled as quickly as possible.

Frequently Asked Questions

What happens if the seized bank account is jointly held with the investigated spouse?

In the case of a jointly held bank account, case law presumes that the balance is divided equally. The seizure should therefore only affect the share of the investigated spouse. If the entire account has been frozen, the spouse unrelated to the crime can file a request to obtain the release and return of their half, or the entire amount if they can prove with documentation that the deposited sums derive exclusively from their personal income.

Can the family home held in joint ownership be seized for a tax offense?

Yes, the Judicial Authority can subject real estate held in joint legal ownership to preventive seizure. However, the lien should be limited to the ideal share of ownership of the investigated spouse. The spouse not involved in the crime retains their rights to their share. The intervention of a lawyer is necessary to assert this distinction and protect the innocent spouse's right of habitation and ownership share.

How long does it take to get assets released from seizure?

The time it takes to obtain the release of seized assets depends on the complexity of the case, the volume of documentation to be analyzed, and the workload of the competent Court. Filing a well-documented and timely appeal for review is the first fundamental step. It is not possible to provide standardized timelines in advance, as each criminal proceeding has its own history and dynamics, which must be carefully evaluated during the analysis of the specific case.

Protect Your Rights and Your Assets

Seeing your assets blocked due to the legal troubles of others is a situation that requires immediate and highly qualified legal intervention. If you are a spouse unrelated to the alleged facts and your assets have been involved in a preventive seizure, it is crucial to act without delay to avoid irreparable prejudice. Contact Avv. Marco Bianucci at the Bianucci Law Firm in Milan to analyze your asset situation and define the most appropriate defense strategy to obtain the return of what is rightfully yours.