BANKRUPTCY · CORPORATE CRIMINAL LAW

Italian Bankruptcy Defense Lawyer in Milan

Specialist criminal defense for directors, officers and entrepreneurs in fraudulent, documentary and preferential bankruptcy proceedings under Italian law. Confidential consultation within 24 hours.

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Milano Centro Absolute Confidentiality Experience under Leg. Decree 231

The situations we face every day

The Firm assists entrepreneurs and directors daily in contexts of high criticality.

Preventive seizure of accounts

The prosecutor can freeze business and personal accounts before trial: defense must intervene within 10 days of review.

Risk of personal precautionary measures

House arrest or disqualification from corporate office can affect the director in early investigation stages.

Challengeable forensic accountant reports

Many charges rely on contestable technical reports: a technically grounded defense can dismantle the prosecution's case.

Business risk vs. fraudulent conduct

Case law distinguishes management errors from fraudulent conduct: the boundary must be demonstrated with precise accounting evidence.

How we protect you

Immediate intervention during investigation

From the notice of investigation we reconstruct the prosecution's case, access the file and prepare defense briefs within deadlines.

Challenge of precautionary measures

Review application to the Liberty Court and, if necessary, Supreme Court appeal against seizures and personal measures.

Merit-based defense with forensic accountants

We work alongside accounting and business expert witnesses to dismantle the contested asset diversion picture.

Full representation up to Supreme Court

Trial, appeal and legitimacy: integrated defense at all levels of the proceedings.

Fraudulent bankruptcy is punished under art. 322 CCII / 216 L.F. with imprisonment from 3 to 10 years. It occurs when the bankrupt entrepreneur has diverted, concealed or dissimulated assets, or kept accounting records in a way that makes it impossible to reconstruct the assets.

Fraudulent bankruptcy: regulatory framework

Fraudulent bankruptcy is now governed by art. 322 of Legislative Decree 14/2019 (Italian Crisis and Insolvency Code). The penalty is imprisonment from three to ten years, accompanied by disqualification from commercial enterprise and inability to hold managerial positions for up to ten years.

Summary table of main offenses

Offense	Penalty	Article
Fraudulent bankruptcy (assets)	3–10 years	art. 322 CCII
Fraudulent bankruptcy (documents)	3–10 years	art. 322 CCII
Preferential bankruptcy	1–5 years	art. 322 c.3 CCII
Simple bankruptcy	6 months – 2 years	art. 323 CCII

When to consult a bankruptcy lawyer

Upon receiving a notice of investigation or summons
In case of Guardia di Finanza audit or tax assessment
At the opening of judicial liquidation
In case of preventive seizure on accounts, assets or shareholdings
Before the filing of the trustee's report under art. 130 CCII

Recent cases successfully resolved

Case A – Manufacturing LLC

Fraudulent bankruptcy (assets and documents). Preventive seizure of €2.5M on accounts and personal assets.

Full acquittal. Seizure completely lifted.

Case B – Industrial group

Intra-group operations challenged as diversions for €8M. Risk of personal precautionary measures.

Reclassification and partial acquittal. Personal precautionary measures never applied.

Case C – Construction sector

Preferential bankruptcy for payments to strategic suppliers.

Acquittal for non-existence of the offense. Full asset protection.

The Firm's Method

Initial confidential consultation

First meeting within 24 hours: case analysis, risk assessment and defense strategy.

File access and technical analysis

Access to the investigation file, appointment of expert witnesses, in-depth documentary and financial analysis.

Tailored defense strategy

Preparation of defense briefs, precautionary applications, appeals to the Liberty Court or pre-notitia criminis interventions.

Representation at all court levels

Representation at trial, appeal and Supreme Court; parallel management of any 231 proceedings.

Our Team