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Criminal Law

Conte&Giacomini  offers, in the field of Criminal Law, both extrajudicial consulting and judicial assistance; thanks to its Lawyers’ team endowed with specific skills and active in this domain since many years, both nationally and at the European level.

The services offered comprehend, primarily, the following specific subjects: Environmental Criminal Law, Criminal Taxation Law, Safety on Work places (D.Lgs n. 81/2008), Criminal Bankruptcy Law, crimes against the Public Administration, Administrative Responsibility of Juridical persons and Bodies of the States (D.Lgs. n. 23172001) Criminal Law concerning Financial Markets, Custom Barriers Criminal Law, Insurance Criminal Law, Medical and Professional responsibility, cybercrime and privacy protection.

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Enviromental Law

This is one of the chief sectors in which the firm is specialized in criminal law matters. All problems related to disposal and storage of refuse and waste from industrial processes as well as issues connected with pollution of seawaters, relevant to navigation and to disposal of bilge water and washing out ships are covered.

Over the years, the firm has had the opportunity of going into depth on all subject matters, acting in a wide range of cases as defense counsel and giving legal advice on outstanding problems for the interests and people involved. This a hub area in the activities of the firm. In fact the national Environmental laws ,which are nearly exclusively European Community laws , allows preliminary questions to be raised in the Courts under art. 234 of the UE Treaty.

The synergy between the European Community Law and Criminal section guarantees the full coverage in questions of defense, if it is necessary to refer to the criminal courts matters involving rules interpretations expressed by the European Law.

Customs Law

The firm deals with all questions related to criminal infringement of customs matters, specifically regarding smuggling under various forms (eg.: smuggling: -when carrying goods through borders on land and customs areas, -when shipping goods by sea, -in the customs-free zones, -in customs warehouses etc.). All cases included in the import – export operations of products from Community and non-community countries, particularly in the port sector, are dealt with under this aspect. Conte and Giacomini Law Firm has a vast experience in this sector and apart from standard actions as defense counsel, the firm also offers legal advice to numerous companies on matters concerning Customs codes of practice.

Safety and quality of products and services, deceptive advertising and protection of consumer rights

The firm acts as defense counsel in cases and offers consultancy on the laws concerning the authenticity of foodstuff products, food hygiene and relevant production as well as defending consumers against deceptive forms of advertising. Under the latter aspect, the firm is constantly dealing with problems connected to the marketing of industrial products with imitation and/or false brand names, involving the Italian Antitrust Authority and generally representing individuals and consumer associations in front of the Courts. In particular, Conte & Giacomini has among its clients important national and international companies who import – export goods from/ to non-community countries. The firm offers consultancy and assistance in front of the Court in the section of laws which defend consumers from the false indications of origin, specifically of “Made in Italy”.

Direct liability of companies under the law D.Lgs. n. 231/01

The Firm has the know-how to be able to defend legally responsible Administrators or Corporate bodies in criminal cases brought by legal authorities, as well as give legal advice on the law D.Lgs. n. 231/01. It is worthy to note that Conte & Giacomini has defended a Company under inquiry for corruption in a criminal case at a national level.

Conte & Giacomini gives its clients ,owners of small and medium companies, (of any risk or type of industry), the constant help in the preparation and drawing up of model or organization and control provided for in D.Lgs. n. 231/01 as a possible estimate of administrative responsibility.

Crime against Public Administration

The firm is highly specialized in crime against the Public Administration , particularly in corruption and extortion, misuse of Public Authority power, embezzlement, obtaining State or EU Community funding unlawfully. Conte and Giacomini also deal with crimes against the Public Administration committed by private individuals , in particular by the Medical Profession, violation of seizure and influencing a call for tenders.

Tax Criminal Law

Conte & Giacomini is also specialized in violations in tax matters by companies and individuals.

Are therefore treated all issues provided for by Legislative Decree no. N. 74/2000. In particular, the firm provides legal defense and advisory services in relation to major violations of income tax and VAT even with regard to the modifications introduced by Law 10.03.2009 No. 141, converting the Decree n. 103/2009 laying down the “Corrective Decree-Law n crisis. 78 of 2009 (so called “tax shield”). .

Bankruptcy

This is a traditional sector of expertise of the firm. The office furnishes consultancy pertaining to all aspects linked with contributory negligence (liability) proceedings, and legal representation, regarding the position both of the administrator under investigation / accused of the criminal in R.D.n.267/42. and the position of the offended person, which could be in the form of trustee in bankruptcy.

Corporate Criminal Law

The Firm pays particular attention to matters of corporate crimes and deepened its expertise on the basis of case law raised as a result of modifications introduced by Legislative Decree no. N. 61/02, which reformed the matter of corporate criminal law, and Law no. 262 of 2005.

We can also offer assistance and legal defense in relation to all the matters linked to liability of directors of companies and corporations and to the protection of third parties who have been injured.

Privacy

Conte & Giacomini Law Firm offers consultancy on privacy to companies on the handling of personal and confidential data by public and private entities together with the relevant penalties following infringement of the law.

The Firm deals with all matters connected with the confidentiality of data, of the assignment and the responsibilities of each person handling such data, connected with qualifications and the use that will be made of such data, therefore receive close attention.

Human rights

The Firm has always been occupied with matters of protection and defense of Human Rights, as derived from the Convention for the Protection of Human Rights and Fundamental Freedom ratified in Italy with the Law 04/08/55, n. 848. Over the years the firm has acted as defense counsel in numerous cases before the Court of Human Rights in Strasbourg.

Among the various cases to which the firm has dedicated considerable attention there are disputes pertaining the infringement of the principal of the so-called “length of proceedings”, pursuant to art. 6, paragraph 1, of the Convention.

After the issue of the law 24/03/01, n. 89, so-called “Pinto law”, successively modified (D.L.11/9/02n.201) that assigned the Italian Courts of Appeal to deal with this matter, Conte & Giacomini has acted as defense counsel for numerous cases before some district Italian Courts of Appeal.