Withholding tax payment failure: crime commission and relevance of force majeure principle.
Pursuant to Art. 10-bis of the Italian Legislative Decree no. 74/2000, Supreme Court of Cassation stated that the
21 December 2020
Criminal Law
We understand how any criminal investigation may impact on managers, officers, employees, technicians and,more generally, on people and their families.
Our criminal law team renders full assistance in all legal issues to be faced by companies and people who are subject to investigation, proceedings and/or conviction measures; our firm covers a large span of crimes, such as: tax and corporate crimes, bankruptcy and smuggling crimes, health and safety, environmental crimes; food safety and counterfeiting crimes, frauds, crimes against property and trade, money laundering, insider trading, cyber crimes, bribery and corruption, misappropriation, abuse of office, forgery, professional liability, disasters, injuries and murders.
We provide support at all proceeding stages, on precautionary, custodial measures and seizures, representing criminal defendants and offended parties before any Court, (also locally) including Appellate and Supreme Courts, and before the European Court of Human Rights.
We have remarkable expertise in carrying out defensive investigations, in order to contribute in the repression of corporate illegal activities, protecting companies from reputational damage.
In evidence
Criminal trial and public opinion trial.
Contribution by Giorgio Altieri of Tonucci & Partners on the magazine “Dimostrare – L’unione tra il diritto e
10 November 2020
Crime of office abuse: the administrative discretion is decriminalized.
The incidental review entrusted to the criminal judge on the administrative act and on the exercise of the
5 August 2020
Massimo Cellino, defended by Tonucci & Partners and by Professor Giovanni Cocco, was absolved by the charges of embezzlement and counterfeit regarding Is Arenas stadium issue.
Giorgio Altieri, partner of Tonucci & Partners, has assisted Massimo Cellino already when he was the President of
18 May 2020
The crime of embezzlement committed through the misappropriation of computer files.
The Court of Cassation, through the sentence no. 11959/2020, clarified that the files stored on electronic devices or servers have a physical dimension that allows their possession and fall within the definition of “mobile thing”. Therefore, those who appropriate it in the context of the employment relationship commit the crime of embezzlement. Follows analysis of the Criminal & Compliance lawyers of Tonucci & Partners.
4 May 2020
Remote proceedings: the criminal trial cannot renounce to the courtroom performed dispute.
Contribution by Giorgio Altieri and Ida Blasi of Tonucci & Partners on Diritto24 – Il Sole 24Ore with
27 April 2020
The use of Trojan as per December 30th, 2019 Law Decree nr. 161 regarding wiretap.
On February 28, 2020, it has been approved the Law no. 7, which converted the Law Decree no. 161 of 30 December 2019 with amendments to the regulation of tapping of private conversations and communications.
1 April 2020
Request for acceptance of simulated credit: clarifications of the Supreme Court about the criminal offence according to bankruptcy law.
The Court of Cassation states the following principles by some important recent rulings regarding bankruptcy crimes, closely analysed
5 April 2019
