Sangiorgio Associati

The administrative liability of corporations deriving from the commission of crimes is the punitive area of major interest and newness for companies.
This field requires specific skills with reference to the crimes from which this kind of liability may arise (most of them are corporate crimes, crimes against Public Administration, criminal profiles related to accident prevention rules) and in the specific regulation of Legislative Decree No. 231/2001 and subsequent adjournments.
As regard the crimes whose commission may ground the liability of the corporation, all of them belong to any of the prevalent fields of activity of the Law Firm; as regard the specific regulation of Legislative Decree No. 231/2001, the Law Firm assists medium and large corporations in evaluating the opportunity and the procedure to build their own organization model.

Corporation crimes represent the core of criminal economics; they embody the principal object of the professional activity of the Law Firm, in the field of the defence in proceedings, of the extra-judicial activity and of the legal advice.

Marketabuse and insider trading are the most frequent examples of financial crimes.
The Law Firm dedicates a special attention to these crimes, to the administrative offences (which provide penalties up to 25 million Euro) and the other crimes and offences provided for by the Italian T.U.F. (Law on Financial Intermediation).

Bankruptcy crimes represent a significant portion of the activity of the Law Firm.
The legal assistance is provided in favour of the bankruptcy receivers in light of an evaluation of the eventual criminal aspects and of a subsequent civil action brought in the criminal proceeding, in favour of colleagues specialized in civil law for a preventive assistance and in favour of individuals under investigations or indicted.
The Law Firm offered assistance with reference to some of the most important bankruptcies of the last years.

The Law Firm, which cooperates with some of the most prestigious professionals specialized in tax law, offers legal assistance in criminal proceedings and advice in order to evaluate the possible criminal profiles of operations related to tax matters.
The edges of the criminal relevance of tax avoidance, the study of some cases of tax fraud and the objective and subjective extent of some tax amnesties are aspects always under in-depth analysis.

The Law Firm dealt with the defence in some important judicial affairs originated from charges of crimes protecting the right operation of the Public Administration (national and international corruption, fraud against the Nation or European Communities), also regarding the possible patrimonial measures (seizure and confiscation).

In the field of environmental crimes, the expertize of the Law Firm goes from the restrained criminal profiles related to industrial dumps, to criminal proceedings for environmental disasters with charges of voluntary conducts by the leading individuals of some corporations.

In the field of unintentional crimes (for professional negligence, environmental crimes, fires, railway or aviation disasters, violations of accident prevention rules, etc.) the professionals of the Law Firm dealt with very relevant proceedings.
As regard legal advice, the Law Firm is competent in evaluating the criminal impacts of the adoption of determined organization models (for example, in matters like mandates in the field of accident prevention, fulfilments according to Legislative Decree No. 231/2001, fulfilments in the field of safety conditions at work).

Industrial criminal law represents a really delicate field of law.
Also in this area, the Law Firm offers assistance in judicial matters and legal advice to companies, in order to take advantage from the discipline protecting trademarks, industrial privacy rights or copyright.