Bankruptcy Criminal Law
Bankruptcy Law Firm Italy – IBL Network boasts a qualified group of lawyers with excellent know-how and significant experience in the field of Bankruptcy criminal law. Our lawyers expert in that sector have accrued strong experience at all levels of jurisdiction, working alongside private enterprises, large companies, multinationals and private citizens.
Legal activity in detail: consultancy phase
The criminal lawyer assists the company in the phase of ascent or otherwise in the normal life of the business to prevent possible problems of criminal nature that may arise, also with regard to regulations on environment law, construction and on prevention of workplace accidents.
Where phases of crisis occur, the assistance is provided in order to avoid possible disputes of criminal nature in the case of company bankruptcy. The criminal lawyer also participates, now frequently, alongside accountants in the consultancy phase regarding attempts to keep the business alive (arrangements of various types and incorporation of New.co, with the authorisation of the Court).
In some cases, it can be a successful move, in order to avoid criminal disputes, to advise the client to “take the books to the Court”.
It advises and supports the Client. In some cases, it can be a successful move, in order to avoid criminal disputes, to advise the client to “take the books to the Court”.
Very often (in cases where the Court declares a state of insolvency) the directors undergo a challenge of bankruptcy by the Receiver and then by the Public Prosecutor, irrespective of their individual specific liability. It is not infrequent for the current directors to be charged even where the causes of the failure (and thus the bankruptcy) are to be attributed to previous members of management, even dating far back in time.
Legal activity in detail: judicial activity
IBL Network’s lawyers support the client in all phases of criminal proceedings.
• The task of the criminal lawyer is to provide assistance and representation to the client during all procedural phases, starting with the preliminary investigations until the trial phase (first instance and appeal) and then, possibly, the Cassation case. The first phase is very important as the defence lawyer can seek to influence, with defensive briefs, defensive investigations and technical consultancy, the decisions of the Public Prosecutor. This is also for the purpose of avoiding, if possible, obviously with lawful instruments, the application of personal or real precautionary measures.
• The criminal lawyer usually proposes to the client, in the case of committal for trial by the Public Prosecutor, requesting formal examination and filing a technical report by a specialist on the accounting, financial and business aspects of the case. The aim is to obtain a request for dismissal of the proceedings by the Public Prosecutor.
• When reaching the preliminary hearing phase, the IBL lawyer best advises the client on the opportunity of choosing, possibly, an alternative procedure (plea bargaining or summary proceedings), even offering compensation to the Bankruptcy Receiver. This is with a view to obtaining a reduction of sentencing in the case of conviction.
• The choice of hearing option involves a significant lengthening of the timescales and an obvious increase in legal costs for the citizen-defendant.
• The lawyer’s task is to bring to the attention of the Court all evidentiary elements that may lead to the acquittal of his client or, at least, a change in classification of the crime of bankruptcy to another less serious offence.
In the event of a conviction, the IBL lawyer will provide assistance before the Court of Appeal. This is also in the case of acquittal at first instance and consequent appeal by the Public Prosecutor. In criminal proceedings, where the defendant is convicted, an appeal is almost always made to the Supreme Court.
The Supreme Court, with relative frequency, annuls conviction rulings, with or without review.
Additional expertise and services
In addition to the expertise indicated above, the team of lawyers at IBL assist clients subject to investigations for corporate crimes and bankruptcy from all profiles.
We indicate below some types of intervention:
• technical consultancy of any type (commercial, tax, business, accounting, medico-legal);
• constant psychological support;
• constant support for all problems that may arise during criminal proceedings.
Bankruptcy Law Firm Italy: the CVs of IBL Netork’s professionals