17-03-2019

The Brancaccio & Esposito Law Firm specializes in legal assistance in criminal proceedings in Italy for crimes of tax evasion, smuggling and bankruptcy. Contact us for legal assistance.

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Criminal Tax Defense Italy: Lawyer for Tax Evasion, Smuggling, Bankruptcy

If you need criminal tax defense in Italy, contact us here.

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The Brancaccio&Esposito Law Firm provides legal assistance in criminal tax defense in Italy.

The Italian law provides for various hypotheses of tax evasion and of the precise thresholds of punishment above which the criminal proceeding for tax evasion is triggered and therefore the possibility that the State may request the seizure of money.

The general intent, required by law for the punishment of tax evasion crimes, requires the active subject with a “conscience and will” to present a tax declaration and omit the payment within the term established by the law of the sums due in favor of the Treasury.

This psychological element must invest the constituent element of the crime constituted by the overcoming of the threshold of punishment required by law, which implies that the agent must also be aware that these sums exceed the threshold provided for by the law on tax evasion.

 

Smuggling is also punished in Italy.

it is the illegal movement of goods into or out of a country.

The notion of smuggling, in the Italian legal system, has always been aimed at indicating the offense directed against the financial interests of the State and of minor public bodies.

It is the tax crime that is carried out in evasion of the duties and taxes of production and consumption.

It consists both of forms of evasion (through the violation of the fiscal laws imposing duties on foreign goods, as well as the prohibitions of entry and exit of the same in and from the national territory), which access the foreign customs smuggling; and to forms of evasion of other taxes provided for by non-customs financial laws, such as manufacturing taxes, fiscal monopolies, municipal consumption taxes, which consist of fraudulent conduct relating to internal consumer duties and state monopolies, the so-called internal smuggling.

 

Bankruptcy is a legal status of a person or other entity who cannot repay debts to creditors.

With bankruptcy, those who have concealed, destroyed or dissipated their assets in order to harm creditors are punished.

Those who have stolen, destroyed or falsified, with the aim of causing prejudice to creditors, books or other accounting records or kept them in such a way as not to make it possible to reconstruct the assets or the business movement.

For these criminal proceedings, you need criminal tax defense in Italy.

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