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More often than what is commonly believed, the violation of administrative rules also has criminal implications.
This happens especially when the law gives the public administration the power to control or restrict the pursuit of economic and entrepreneurial activities. Suffice it to mention, for instance, the rules on building/town planning issues, the rules on the protection of the landscape and the environment, those on health issues and the protection of public health or safety at work. To start a business without first obtaining the necessary administrative licences required by such rules or in violation of the limits laid down therein or on the basis of existing licences which, however, have been erroneously issued by the Public Administration, can often amount to an offence and thus imply the risk of being involved in a criminal trial. Not to speak of the criminal risks connected with the infringement of tax rules which, besides, are increasingly complicated and difficult to interpret.
In the case of the so-called “offences against the Public Administration” regulated by the criminal code – both those typical of public officers (e.g. abuse of one’s position, corruption, bribery, embezzlement), and those that can be committed also by private parties (e.g. bid rigging, abusive exercise of a profession, interruption of a public service or the new “traffic of influence”) – the connection with the activity of the Public Administration and its legitimacy or the reference to the concepts of administrative law (such as that of “public officer” or “public service”) is required for the existence, or not, of the offence.
The said cases (which fall within the scope of the so-called “administrative criminal law” or “tax criminal law”) often involve both natural persons, as well as entities and companies for which the former have acted, with respect to which the offence of the administrator or employee can trigger their administrative liability for crime within the meaning of Legislative Decree 231/2001.
In all these cases, the penalty and the Judge who is called upon to settle the case are “criminal”, yet the “essence” of the issues to be addressed and on which the outcome of the criminal trial depends, fall within the scope of “administrative law”, or its “tax” related rules: these are highly specialised areas which the “typical” criminal lawyer dealing with ordinary criminal law, rarely masters.
To rely on Studio Legale RFA for “administrative” or “tax” criminal law issues and trials, means that you can make use of the integrated, administrative and criminal skills – proven by the profiles of our partners and professionals – which are crucial to tackle these cases – in which, other than your business, your most important assets are at stake – with the highest likelihood of success. We are ready to assist you in these cases both during the preliminary advisory phase, so as to help you avoid possible criminal risks arising from “administratively” erroneous or incorrect conduct or to draw up organisational models that enable your institution to avoid the liability regulated by Law 231, and – where necessary – to firmly defend you in Court in any criminal proceedings you might be involved in. Specifically, the partners of Studio Legale RFA have long-standing experience in the management of this type of criminal trials, in which they have successfully advised private entities and companies as well as public officers and administrators. As for the tax corporate sector, RFA can also rely on the consulting services of accountants with whom it collaborates in the same premises as those of our law firm.