Latest successful trials
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1.Distractive and documentary fraudulent bankruptcy
Acquitted in abridged procedure.
The former Chief Executive Officer and Managing Director of the Board of Directors of […] S.p.A., with ascertained bankruptcy liabilities amounting to € 103,140,000, has been acquitted of the offenses of fraudulent distraction and fraudulent documental bankruptcy. Read More…
2.Illegal Subcontracting
Acquitted in abridged procedure.
The Managing Director of […] S.r.l. has been acquitted “because the fact does not constitute an offence” from the charge of unlawful subcontracting.Accepted the defence’s argument that the provision of the condition precedent, pursuant to Articles 1353 – 1356 of the Italian Civil Code, making the effectiveness of the contract. Read More…
3.Ideological falsehood
Acquitted in abridged procedure.
The architect [M.T.], planner and asseverator, has been acquitted “because the fact does not exist” from the charge of having authorized and concurred in the realization of building works in contrast with art. 3, Regional Law (“R.L.”) no. 13 of 2009, as reformed by art. 23, paragraph 1, of R.L. no.7 of 2018 and Decree of the President of the Republic no 380/2001. Read More…
4.Fraudulent distractive and documentary
The 49% shareholder of […] limited liability company, declared bankrupt on May 2012, who was charged as de facto administrator, was acquitted by fraudulent crimes of bankruptcy distracting and documentary and conspiracy to commit forgery in a public deed (articles 216, paragraph 1, no. 1 and no. 2, 219, paragraphs 1 and 2, no. 1, Royal Decree 267/1942 and articles 476, paragraph 1, Criminal Code) “for not having committed the fact”. Read More…
5. Negotiation fraud
Acquitted in abridged procedure.
The Director of […] l.l.c. was acquitted of the crime of fraud (section 640 of the Criminal Code) “because the fact does not exist.” According to the indictment, the defendant, acting as franchisor, allegedly deceived the contractual party whom he had induced to enter into a franchise agreement, by flaunting a large turnover of business – in reality nonexistent – of the Company in years 2012, 2013 and 2014 and promising numerous orders in favor of franchisee. Read More…
6. Fraudulent declaration
Dismissed: the criminal proceedings against the Managing Director of […] S.p.a. for using two invoices for non-existent transactions (sect. 2, Legislative Decree No. 74/22000) has been dismissed by the Judge of the Preliminary Investigations (“G.i.p.”). The G.i.p. of Monza, after the ‘interrogation of the suspect requested by the defense and defensive memorandum pursuant sect. 415 bis of the Code of Criminal procedure (“c.p.p.), ordered the dismissal of the proceedings, on the Prosecution’s compliant request. Read More…
7. Tax fraud
Acquitted under Article 530, paragraph 2, Code of Criminal Procedure, for not having committed the fact, legal representative of […] S.r.l. charged with the crime under Article 2, Legislative Decree No. 74/2000. According to the indictment, the defendant – in order to evade income tax and VAT allegedly used, in the compilation of the tax return, eight invoices deemed subjectively non-existent for a total amount of € 158,290.00. Read More…
8. Personal injuries
Acquitted in abridged procedure.
Acquitted […] “because the fact does not exist” of the charge of threatening her father-in-law by saying to him, “I’ll kill you bastard, you and your family” (art. 612, paragraph 2, Criminal Code) and causing personal injury to his left shoulder by hitting him with the door of the car he was driving (articles 582; 585; 577, paragraph 2, Criminal Code). Read More…
9. Usury and Extortion.
Acquitted in ordinary trial.
Citizen [G.F.] was acquitted “because the fact does not exist” of the charge of having imposed usurious interest and benefits against […] by having himself promised, through the stipulation of four contracts, the sale of the business brand of […] s.r.l. and all the furniture and equipment on the company premises for the price of € […],000.00, a price considered vile by the Prosecution (art. 644, paragraphs 1 and 3, Criminal Code). Read More…
10.Road homicide
Aquitted in abridged procedure “for not having committed the fact” […], site manager, and […], technical director, of […] S.r.l., a subcontractor company of […] S.p.A., of the charge of conspiracy to commit vehicular manslaughter (articles 113 and 589 bis, Crim. C.) for causing the death of […], a young man of twenty-three years. According to the Prosecution, to determinate the death of the young man would have been a dip in the roadway, which, while he was driving his scooter, deflected its trajectory, causing him to crash to the ground. Read More…
11. Embezzlement by the legal Guardian
Acquitted of the charge of misappropriation (paragraph 314 Criminal Code) “because the fact does not exist”, […] support administrator (hinc “a.d.s.”) of Ms […], accused of having embezzled sums amounting to euro 92.000 from the bank account of the administration, then deceased, of which the defendant, in his capacity as such, had the availability. Read More…
12. Abuse of office for European funds
Senior manager of the Ministry […] acquitted because of lack of mens rea (“because the fact does not constitute a crime”) […], of the charge of misuse of office (article 323 Criminal code).
The defendant would have benefited a temporary group of primary consulting companies (R.T.I.) […] S.p.a., […] S.p.a. and […] S.r.l. (hinc “R.T.I.”), through the stipulation of three supplementary acts to the European tender from the value of 21.380.000,00 €. Read More…
13. Forgery of administrative certifications
Acquitted, in ordinary proceedings, a well-known Capitoline builder, […], legal representative of […] S.r.l., of the crime pursuant to art. 480 of the Criminal Code, “ideological falsehood committed by the public official in administrative […] certificates”, because the fact does not constitute a crime. According to the accusation, the accused filed a false official technical consultancy (hinc “c.t.u.”) with the Lazio Region. Read more…
14. Contract fraud
Acquitted of the charge of aggravated fraud (articles 640, 61 nos. 7) and 11) of the criminal code) “because the fact does not constitute a crime”. Director and vice-president of [X] S.p.A. they were accused of having “dechannelled”, in violation of the contract for the supply of memory cards. Read more…
15. ECHR appeal admissible.
Acquitted of the charge of aggravated fraud (articles 640, 61 nos. 7) and 11) of the criminal code) “because the fact does not constitute a crime”. Director and vice-president of [X] S.p.A. they were accused of having “dechannelled”, in violation of the contract for the supply of memory cards. Read more…
16. Violence and injury
Acquitted of the charge of aggravated fraud (articles 640, 61 nos. 7) and 11) of the criminal code) “because the fact does not constitute a crime”. Director and vice-president of [X] S.p.A. they were accused of having “dechannelled”, in violation of the contract for the supply of memory cards. Read more…
17. Diverted sums of money
Acquitted of the charge of aggravated fraud (articles 640, 61 nos. 7) and 11) of the criminal code) “because the fact does not constitute a crime”. Director and vice-president of [X] S.p.A. they were accused of having “dechannelled”, in violation of the contract for the supply of memory cards. Read more…