Criminal law: defence in proceedings, protection of victims and corporate compliance
Being involved in criminal proceedings, whether as a suspect or as the victim of a crime, weighs heavily on one's personal life, family and work. At such times you need a lawyer who is present, a clear strategy and someone able to explain every step in plain terms.
Gabriele Lanzi, lawyer admitted to practise before the Italian Supreme Court of Cassation, assists individuals, minors and businesses at every stage of criminal proceedings: from the preliminary investigation to trial, up to appeals before the Court of Appeal and the Court of Cassation. He also advises businesses on corporate criminal liability and compliance.
Criminal proceedings
Defence of suspects and defendants
The defence starts from the very first stages, when early choices can shape the outcome of the whole case. The Firm assists clients:
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during the preliminary investigation: questioning, searches and seizures, defence investigations, submissions to the public prosecutor and requests for dismissal;
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with precautionary measures: applications for revocation or replacement and appeals to the Review Court (Tribunale del riesame);
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in choosing the type of proceedings: assessment of special procedures such as summary trial (giudizio abbreviato), plea bargaining (patteggiamento), suspension of proceedings with probation (messa alla prova) and criminal decree of conviction, and of grounds for non-punishability such as defects in the criminal complaint or the minor nature of the offence;
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at trial: examination of witnesses, expert reports, closing arguments;
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on appeal: appeals and applications to the Court of Cassation, as well as the enforcement of sentences and alternatives to imprisonment.
Protection of victims
Anyone who has suffered a crime has the right to be heard and compensated. The Firm assists victims:
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in drafting the criminal complaint (denuncia or querela) and filing documents and submissions;
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in opposing a request for dismissal, when the public prosecutor intends to close the case;
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in joining the proceedings as a civil party (parte civile), to obtain compensation for financial and non-financial damage;
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in restorative justice programmes and in negotiations for withdrawal of the complaint, where this is in the client's interest.
Those whose income is below the legal thresholds can be represented under state-funded legal aid, both as defendants and as victims.
Defence of minors
When a young person is accused of a crime committed before the age of 18, the proceedings take place before the Juvenile Court (Tribunale per i minorenni) and follow their own rules. The aim of juvenile justice is not only to establish the facts, but also to protect the young person's development and education.
The Firm supports the minor and the family at every stage, in cooperation with social services, and assesses the tools that juvenile proceedings offer:
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suspension of proceedings with probation, which extinguishes the offence if completed successfully;
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dismissal for irrelevance of the offence, when the act is minor and occasional;
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judicial pardon and other solutions that spare the young person a conviction;
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protection of the minor's privacy during and after the proceedings.
The Firm also assists minors who are victims of crime, with attention to protected hearing arrangements and claims for compensation.
Businesses and directors
Corporate liability and 231 compliance models
Under Legislative Decree 231/2001, a company is directly liable for many offences committed in its interest by directors, managers and employees: tax and corporate offences, corruption, workplace safety and environmental offences, money laundering, cybercrime and copyright infringement. The consequences can be severe: fines, confiscation, suspension of licences, and a ban on contracting with the public administration.
Adopting an effective organisational model can exclude or reduce this liability. The Firm assists businesses with:
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risk assessment of the offences linked to the company's actual activities;
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drafting the organisation, management and control model and the code of ethics;
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setting up the Supervisory Body (Organismo di Vigilanza) and training staff;
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implementing a whistleblowing channel for internal reports;
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defending the company when it is involved in criminal proceedings.
Compliance
The Firm helps businesses organise themselves to comply with the rules that apply to them, combining crime prevention with other obligations: personal data protection (GDPR), responsible use of artificial intelligence, workplace safety and sector-specific regulations. A consistent compliance system reduces risk and shows, in the event of inspections, that the company acted with due diligence.
Defence of directors
Directors, statutory auditors and managers may be held personally liable for offences linked to the management of the business. The Firm defends clients in proceedings for:
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tax offences: fraudulent or inaccurate tax returns, failure to file returns, failure to pay VAT and withholding taxes, issuing invoices for non-existent transactions, fraudulent evasion of tax payments;
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corporate offences: false corporate reporting, obstruction of audits, transactions to the detriment of creditors;
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insolvency offences, now governed by the Business Crisis and Insolvency Code: fraudulent and simple bankruptcy.
In tax offences, the criminal defence is coordinated with the tax defence: payment of the debt, a tax settlement agreement or a settlement scheme can affect punishability or the sentence. For this reason the Firm handles both fronts, working alongside the company's accountant where needed.
Our approach
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Presence and speed: in criminal matters the first steps are often decisive. The Firm acts quickly, including in the event of searches, seizures or precautionary measures.
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Clarity: every stage of the proceedings is explained in plain terms, together with the risks and the available alternatives.
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Confidentiality: the utmost discretion to protect the individual, the family and the business.
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Assistance for foreign nationals: the Firm works with interpreters and legal linguists to assist those who do not speak Italian.
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Transparent fees: before work begins you receive a written estimate. To find out more, see the Professional fees page.
Contact us
Have you received a notice of investigation, a summons to trial or a criminal decree? Have you been the victim of a crime? Do you want to protect your business with a 231 model? Contact Studio legale Lanzi for an assessment of your situation.
