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We offer assistance to companies and individuals in all areas of corporate criminal law

Our services

Corporate criminal law, financial markets and bankruptcy

Among the many risks that can have a significant impact on the life of a company are criminal risks of a corporate, financial and bankruptcy nature, arising from a wide range of activities, such as the drafting of company books, relations with the public watchdogs and the public administration, participation in public tenders, and the management of information for companies listed in regulated markets or operating in financial markets.

With reference to the management of such risks, the firm, in the event of criminal proceedings, guarantees the best assistance in court, both to companies and individuals.

The firm also supports both Italian and multinational companies, offering a wide range of consulting services, aimed at preventing and avoiding criminal risks.

In doing so, the firm relies on the support of technical consultants and lawyers with expertise in other branches of the law.

Health and safety in the workplace

The employer has complex obligations to protect the workers’ health and safety, otherwise being punishable under criminal law.

The firm offers assistance to employers and companies in the event of criminal proceedings, with the collaboration of technical advisors of recognised experience.

In a preventive perspective, the firm supports its clients in the management of criminal risk before the ‘pathology’ of the criminal process, proposing preventive actions – on every profile of health and safety – built on the specific needs of each client.

In this context, for example, the firm supports the internal functions in drawing up the proxies’ structure, which guarantees a correct distribution of tasks between and, above all, the compliance with the requirement of the effectiveness of the proxy, which is necessary for its validity in criminal proceedings.

Environmental criminal law

The numerous obligations that the Italian legal system places on companies in the environmental field are also covered by criminal law, with the provision of various types of crime, sanctioned with prison sentences,  for facts as gas emissions, liquid spills, and waste storage.

In this perspective, we support our clients in the management of criminal risk in its various forms, before it reaches the ‘pathology’ of criminal proceedings. We therefore support the company, also in complex industrial realities, in the management of all issues of potential criminal impact relating to environmental protection, with the aim of identifying preventive remedies tailored to the client’s specific needs.

The firm’s professionals also have recognised experience in handling complex legal cases involving international chemical companies, environmental disasters and toxic exposures.

Criminal tax law

Among the risks associated with business activity is certainly the risk in tax matters.

In a system such as the Italian one, characterised by extraordinary complexity, the management of tax compliance, even when oriented towards perfect compliance with regulations, can always generate criminal liability.

An example of such a risk, which is a current topic, concerns the management of the chain of suppliers and subcontractors in large-scale distribution and logistics companies. This may give rise to the adoption of precautionary and preventive measures during preliminary investigation, which can be particularly damaging to the company assets and management.

The firm supports numerous Italian and multinational companies in this field, offering both preventive advice, aimed at assessing the existence of criminal risk and preventing its effects, and assistance during criminal proceedings – to companies and their directors or managers – guaranteeing, in this instance, specialist support in all the various and multifaceted areas of tax law.

Bribery and corruption

The complexities of the Public Administration, and of the regulations underlying its activity, favour criminal proceedings against companies, directors, managers or employees for so-called crimes against the Public Administration, such as bribery, which are now punished with prison sentences of considerable severity.

In this context, the firm offers to its clients preventive legal assistance in the preparation of procedures on the relations with the Public Administration and, in general, with reference to all matters that are ‘sensitive’ in terms of corruption risk.

The firm’s lawyers also provide assistance to companies and individuals subject to criminal proceedings for this kind of crimes.

Unauthorized property development and construction

Requirements set out by law in the field of construction are sanctioned both by administrative and criminal law.

The complexity – sometimes the open contradiction – of construction regulations is the source of numerous criminal proceedings against private individuals or, in the case of companies, against the employees in charge of that sector.

The firm therefore provides its clients with assistance in criminal proceedings concerning such matters, offering qualified specialist support coming from significant experience in this field.

Medical liability and other professional liability

The firm’s professionals have significant experience in assisting doctors and other professionals involved in criminal proceedings brought for involuntary crimes related to their professional activities.

In this context, the firm provides all-round assistance to professionals, carrying out defence activities not only in criminal proceedings, but also before the disciplinary bodies of the professional orders, where, as is often the case, the criminal proceedings are accompanied by disciplinary proceedings.

Defamation

The spread and use of social networks, whether by private individuals or so-called creators, has exponentially increased the number of criminal proceedings initiated with the hypothesis of aggravated defamation, on which the Public Prosecutors’ Offices have long turned a spotlight.

The firm offers assistance both to alleged perpetrators and to possible victims, whether they are private individuals or individuals who use social media professionally, adopting a customised approach to the needs of each client, in order to identify the solution – in or out of court – most suitable for a satisfactory settlement of the dispute.

Criminal law on industrial and intellectual property

Criminal law also covers the broad area of industrial and intellectual property law in Italy, punishing violations of, for example, trademarks and patents.

The matter has relevance in the event of commercial disputes between companies, requiring the criminal lawyer to adopt an interdisciplinary approach, collaborating with patent experts and lawyers with expertise in industrial and intellectual property law.

The firm has considerable experience in assisting companies and individuals in this field, in which it has achieved significant success, thanks to a synergic approach with different professionals.

I.T. law and cybersecurity

In a world where information technology permeates every aspect of daily life, the commission of cybercrimes has increased exponentially: the forms of aggression against the assets and data of individuals and companies take place with ever evolving technical methods that are difficult to prevent and increasingly frequent.

The firm has significant experience in assisting companies and individuals in this area, especially when they are victims of such offences, guaranteeing the timely preparation of lawsuits and reports, as well as providing, in cooperation with the clients, all the assistance and support necessary to the Authorities for the not always easy identification of the offenders.

With specific reference to assistance to Companies, the Firm has always adopted an integrated approach, in collaboration with the competent internal functions, in order to allow for the best management of the matter, with reference to relations with clients, third parties and the Regulating Authorities.

Corporate liability and compliance

Legislative Decree 231/2001 introduced the criminal liability of legal persons, who can now be held liable in criminal proceedings alongside their directors, managers or employees for crimes committed in the interest or to the advantage of the company itself.

Companies can avoid the application of sanctions if, prior to the commission of the crime, they have issued an adequate Organisation and Management Model, i.e. a set of procedures aimed at preventing the commission of crimes, and if the operation of and compliance with the organisational model is entrusted by the company to a Supervisory Board.

The so-called 231 Liability has therefore become relevant in the management of the criminal risk of companies, for several reasons: the catalogue of crimes for which the entity can be held liable has steadily increased, to include most of the typical corporate crimes; case law has shown an ever-increasing ease in the use of this instrument, with the consequence that proceedings against entities now belong to the daily routine of the Courts.

In this context, the firm supports companies in their compliance activities, assisting internal functions in the drafting of Organisational and Management Models that meet legislative requirements, and are therefore suitable for ensuring exclusion from liability, and in their constant updating.

The activity is carried out with the support of external compliance consultants where necessary, through an articulated mapping of the risk areas, with the carrying out of targeted interviews, and through an in-depth assessment of the existing procedures and their actual implementation, with the aim of ensuring the perfect overlap between the contents of the Organisational Model and the corporate reality and therefore, ultimately, the complete assessment of the criminal risk.

The firm also assists companies in the management of ancillary obligations – such as, for example, the review of the protocols and procedures underlying the Model and the proper implementation of the so-called whistleblowing regulations.

The firm’s professionals also act as members of the Supervisory Board, or single-member Supervisory Board, for leading Italian companies.

Extradition

The firm provides legal assistance and representation in extradition proceedings, European Arrest Warrants, and in the areas of international judicial cooperation in criminal matters.

The law firm deals with the assistance of both the extraditee, often acting in coordination with lawyers in the extraditee’s home country, and the private parties, typically victims of the crimes underlying the extradition request, interested in the successful outcome of the request.

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