ITALY Trends and Developments Contributed by: Francesco Isolabella and Luigi Isolabella, Studio Legale Associato Isolabella
Critical Issues, Limitations, and Future Scenarios Challenges and limitations • excessive duration of proceedings remains a seri - ous problem; • legal certainty is still weak; • presumptive indictments sometimes rely too heav - ily on statistical/probabilistic reasoning; and • restorative justice, though promising, still has a limited impact. Future outlook and conclusions In a context that is still weakly regulated, where the pure application of law increasingly gives way to prag - matic justice aimed at closing cases before trial, lever - aging companies’ “fear of the unknown” (a company’s fear that challenging the judiciary in a trial could bring increased criminal, financial and reputational risks) multinational corporations facing criminal proceed - ings in Italy cannot improvise their defence. They must promptly establish a multidisciplinary crisis team led by an experienced criminal lawyer, working closely with experts in all areas that are directly (or, potentially, may be) involved in the investigation (compliance, tax, labour, and administrative). In this new landscape, prevention makes the differ - ence: well-designed organisational models, combined with the ability to quickly implement restorative meas - ures, a credible negotiation strategy, and a clear and realistic understanding of investigative dynamics, are key to achieving effective and sustainable defence outcomes.
• to apply the classic “ divide et impera ” (divide and rule) principle; and • because corporations are more sensitive to reputa - tional risk than their employees. As a result, many companies have preferred plea bargains or settlements (which may also lead to the application of ne bis in idem with the result of avoiding conviction) rather than opting for the uncertainty of trial, with the risk of incurring a criminal conviction and even higher financial sanctions, with an exponential increase in reputational risk. Defensive Strategies: The Multidisciplinary “Round Table” In such a complex scenario, facing investigations of this kind requires more than a strong criminal lawyer. It demands an integrated team in which each profes - sional (who carries a specific expertise) is free and independent to support the lead criminal lawyer with specialised input to shape the optimal defence strat - egy. A “crisis table” should therefore include: • a criminal lawyer as team leader and coordinator; • a tax lawyer familiar with tax law, litigation, and set - tlement procedures with the Revenue Agency; • a corporate lawyer experienced in multinational structures, working alongside compliance and management experts on organisational and con - tractual matters, starting from powers of attorney and delegations of authority and ending with the proper definition of the nature of contracts; • a labour and/or administrative lawyer to assess relationships with workers, suppliers, and public authorities; • a corporate management expert to assess and redesign organisational models and procedures; • a communications and public relations expert spe - cialised in crisis management, to handle media and client relations; and • other specialists as required by specific circum - stances. Such a “crisis table” ensures a coherent, effective, and coordinated defence strategy.
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