The delicacy of the educational role and criminal charges

Facing a charge of abuse of correctional measures represents a moment of profound crisis for a teacher or educator, capable of undermining not only personal serenity but also a career built on years of dedication. We fully understand the sense of bewilderment that arises from seeing an educational gesture, perhaps made in a moment of classroom management difficulty, turn into the subject of criminal proceedings. As a **criminal lawyer** in Milan, Avv. Marco Bianucci is aware that behind every file there is the story of a professional who needs to be heard and defended with technical competence and human sensitivity.

The crime of abuse of correctional measures: art. 571 c.p.

The Italian Penal Code, in Article 571, punishes anyone who abuses correctional or disciplinary measures to the detriment of a person subjected to their authority, or entrusted to them for reasons of education, instruction, care, supervision, or custody. It is essential to understand that jurisprudence has progressively restricted the scope of the so-called **ius corrigendi**, or the right to correct. Today, the use of any form of physical or psychological violence, even if for educational purposes, is no longer tolerated and can escalate to criminal relevance. However, the line between a severe but legitimate educational intervention and a criminally prosecutable abuse is often thin and requires a thorough analysis of the context, frequency, and intensity of the alleged conduct.

Distinction from mistreatment

One of the most critical aspects in this matter is the distinction between abuse of correctional measures and the much more serious crime of mistreatment in the family or towards children (art. 572 c.p.). While abuse presupposes excessive use of measures that are in themselves lawful or aimed at education, mistreatment implies a habitual vexatious conduct, physical or psychological, which is independent of any educational purpose and aims only to inflict suffering. The correct legal qualification of the act is the first fundamental step for an effective defense, as the sanctioning consequences between the two types of offenses are drastically different.

The defensive approach of Studio Legale Bianucci

Avv. Marco Bianucci, an expert lawyer in criminal law in Milan, approaches cases of abuse of correctional measures with a rigorous and analytical method. The defense strategy is not limited to a simple denial of the facts but aims to contextualize the episode within the overall school dynamics. It is essential to reconstruct the subjective element, i.e., the teacher's intention, and demonstrate the absence of vexatious intent. The firm avails itself, when necessary, of technical consultants to assess the psychological impact on students and the appropriateness of the teacher's actions with respect to modern pedagogical standards, in order to dismantle accusations often based on emotional perceptions or isolated testimonies out of context.

Frequently Asked Questions

What is the difference between abuse of correctional measures and assault?

The difference lies mainly in the psychological element and the context. Assault (art. 581 c.p.) implies physical violence for its own sake. In the crime of abuse of correctional measures, on the other hand, the action, even if excessive or inappropriate, arises from an originally educational or disciplinary intent. However, if the action escalates to the use of systematic physical violence, there is a risk of charges for more serious crimes.

Is a teacher under investigation automatically suspended from service?

It is not automatic, but it is a concrete possibility. The school administration can order a precautionary suspension from service pending the outcome of criminal proceedings, especially if the alleged facts are particularly serious or if there is a risk of repetition. As an expert lawyer in criminal law, Avv. Marco Bianucci also assists clients in managing the administrative repercussions of criminal proceedings.

What is meant by psychological violence in a school setting?

Psychological violence can constitute the crime of abuse of correctional measures when it results in systematic humiliation, insults, threats, or punishments that harm the dignity of the student. Jurisprudence is very careful to sanction behaviors that, even without physical contact, can cause a danger of illness to the child's body or mind.

What are the penalties provided for abuse of correctional measures?

Article 571 c.p. provides for imprisonment up to six months if the act results in the danger of illness to the body or mind. If personal injury results from the act, the penalty is increased; if death results, imprisonment ranges from three to eight years. It is crucial to intervene promptly to prevent the procedural situation from worsening.

Request a legal consultation in Milan

If you are a teacher or educator involved in an investigation for abuse of correctional measures, it is essential not to underestimate the situation and to rely on a competent professional. Contact Avv. Marco Bianucci for a preliminary assessment of your case. The firm, located at via Alberto da Giussano 26 in Milan, guarantees maximum confidentiality and technical defense aimed at protecting your professional and personal dignity.