Studio legale Baccaredda Boy

Crimes against property

Crimes against property are a common area of enforcement of criminal measures. This has been so since the introduction of ancient codes. The classic distinction between crimes against property committed through fraudulent means (e.g., scams, misappropriation, usury) and crimes perpetrated through the use of violence against things or people (e.g., robbery, extortion) dates back to Roman law and is still enforced by the current Italian penal code.

Lawmakers have adapted to the new phenomena resulting from advances in technology, for instance, by introducing computer fraud-related crimes into the penal code according to the Convention of the Council of Europe on cybercrime, such as the crime of computer fraud or the offence of computer fraud committed by the individual responsible for certifying digital signatures.

With respect to crimes against property, the firm has been primarily involved in the so-called white-collar criminal cases.

In addition, the firm provides its consulting services to a well-known auction house. As far as this sector is concerned, some aspects concerning the domestic and international trade of arts and antiquities are particularly sensitive and therefore require an in-depth analysis of a number of varyingly important criminal areas.

The firms also offers its assistance to leading insurance companies, especially in procedures concerning insurance scams or significant criminal cases against companies.

In the current legislative scenario, money laundering and self-laundering bristle with interpretative difficulties and countless means to overcome these have been put forth by the regulations, especially insofar as any transnational consequences of this phenomenon are concerned. The firm thus takes it upon itself to watch these regulatory developments very closely, while offering legal counsel in a host of criminal procedures.

An increasingly important institution within the legal system is confiscation in its various forms (direct confiscation, confiscation by way of equivalent measure, confiscation as a security measure, etc.): the firm has experience in this area and assists clients from the early stage of seizure applied ad an interim measure.

Additionally, the firm assists clients in matters of anti-money laundering asset protection by watching closely any developments within the applicable legislative framework.

crimes against propertyWith respect to the academic contribution of the firm, the following monograph is worth noting: “I delitti contro il patrimonio mediante violenza” (Crimes against property through the use of violence), by Carlo Baccaredda Boy and Stefano Lalomia, as part of the volume Trattato di Diritto Penale - Parte Speciale (A Treatise on Criminal Law – special section), edited by GIORGIO MARINUCCI AND EMILIO DOLCINI(Vol. VIII, CEDAM, 2010).