Facing a criminal investigation related to building incentives is a complex and deeply concerning experience. Recent investigations into fraud linked to Superbonus and other building bonuses have involved not only businesses and professionals but also numerous citizens who find themselves, through no fault of their own, at the center of investigations for fictitious credits. As a criminal lawyer in Milan, Avv. Marco Bianucci understands the disorientation one feels when faced with accusations of tax crimes or aggravated fraud, and offers rigorous, timely legal assistance focused on protecting the client's rights.
The Regulatory Framework: What are the crimes charged for fictitious credits?
The mechanism of credit transfer and invoice discount, introduced to incentivize building interventions, has unfortunately generated distortions that the judiciary is pursuing with extreme rigor. When referring to fictitious credits, prosecutors generally hypothesize crimes of a fiscal nature and against the State's assets, the consequences of which can heavily impact the personal lives and finances of the accused.
Aggravated fraud and tax crimes
The most frequent charge in this area is aggravated fraud for obtaining public funds. This crime occurs when, through artifices or deceptions such as the production of false documentation attesting to work never performed or over-invoiced, the Revenue Agency is misled to obtain recognition of a non-existent tax credit. Very often, tax crimes are associated with this charge, such as the issuance and use of invoices for non-existent transactions and the undue offsetting of unentitled credits. These are offenses that carry severe penalties and require extremely precise technical defense.
Preventive seizure of credits and assets
One of the most immediate and devastating consequences in these investigations is the application of preventive seizure. The judge for preliminary investigations, at the request of the public prosecutor, can order the immediate blocking of credits in the tax drawer. In many cases, the order extends to the seizure of bank accounts and real estate of the accused for a value equivalent to the profit of the alleged crime. Facing this critical phase requires a deep understanding of procedural dynamics and immediate defensive intervention.
The Approach of Studio Legale Bianucci
Faced with such delicate accusations, the timeliness and precision of the defense strategy are fundamental. The approach of Avv. Marco Bianucci, a criminal lawyer in Milan with consolidated experience in property crimes and tax crimes, is based on a meticulous analysis of every single technical, fiscal, and accounting document related to the building project.
Studio Legale Bianucci does not limit itself to passive defense but intervenes actively from the very first stages of the investigation. The primary objective is to reconstruct the material truth of the facts: to demonstrate the actual execution of the works, the correctness of the certifications, or the absence of intent on the part of the client, especially in cases where the client or the company were themselves victims of unscrupulous professionals or intermediaries. Each case is handled with the utmost confidentiality and with a tailored strategy, aimed at protecting both the personal freedom and the assets of the client, interacting proactively with the Judicial Authority.
Frequently Asked Questions
What are the risks if I unknowingly purchased fictitious credits?
Anyone who purchases or receives tax credits in good faith, without being aware of their fictitious or fraudulent nature, does not commit any criminal offense. However, to avoid complicity in a crime or reckless acquisition, it is essential to demonstrate that maximum diligence was exercised and that all necessary documentation was requested before accepting the credit. Careful legal assistance is crucial at this stage to unequivocally demonstrate complete non-involvement in the illicit acts attributed to other parties.
How can I unblock my tax drawer after a seizure?
The release of credits blocked in the tax drawer is a complex and delicate legal operation. It is necessary to submit a reasoned request to the Court of Review or to the judge who issued the precautionary measure, providing concrete elements that demonstrate the legitimacy of the seized credits, the actual completion of the works, or the absence of the prerequisites for the crime. Timeliness in gathering exculpatory evidence and submitting the request is essential to limit economic damages.
Is the client who commissioned the works always responsible for Superbonus fraud?
In criminal law, there is no objective or automatic liability. The client is criminally liable only if there is proof of their knowing and voluntary participation in the fraud, for example, if they agreed with the company to invoice for work clearly never performed. If, on the other hand, the client was deceived by the executing company or the certifying technicians, the defense strategy will aim to demonstrate their status as a victim of the crime and their absolute good faith in entrusting the works.
Protect your legal position: request a consultation
Being involved in an investigation for fraud related to building bonuses requires an immediate, clear-headed, and highly qualified legal response. The consequences on a personal, professional, and financial level can be severe, and it is crucial to act with a clear defense strategy from the very first moment you become aware of the investigation.
The costs of a legal proceeding depend on numerous factors specific to each individual case, such as the volume of documentation to be examined, the complexity of the charges, and the need for expert technical consultations. During the initial consultation, Avv. Marco Bianucci will thoroughly analyze your situation and provide a clear and transparent overview of the expected financial commitment for your defense. Entrust yourself to a criminal lawyer in Milan who can listen to you and protect your rights with competence and dedication. Contact Studio Legale Bianucci today at Via Alberto da Giussano, 26 to book a confidential meeting and start building your defense.