Challenging the Crime of Fraud and the Aggravating Circumstance of Reduced Defense

Facing criminal proceedings for the crime of fraud, specifically when the alleged victim is an elderly person, involves managing an extremely delicate and complex legal situation. In the current judicial context, and particularly at the Court of Milan, there is growing attention towards protecting the most vulnerable segments of the population. Those who find themselves under investigation or accused of such conduct must understand that the law provides for more severe penalties compared to simple fraud. As a criminal lawyer in Milan, it is essential to clarify from the outset that the accusation is often based on the application of Article 640 of the Italian Penal Code, combined with Article 61, number 5, which is the aggravating circumstance of so-called reduced defense.

Italian law establishes that fraud is aggravated if the act is committed by taking advantage of circumstances of time, place, or person, including age, that hinder public or private defense. However, it is essential to clarify that the advanced age of the victim does not, in itself, automatically lead to the application of the aggravating circumstance. Jurisprudence requires that there has been an actual exploitation of a vulnerable condition that reduced the victim's critical capacity. This is the ground on which much of the defense strategy is played out: demonstrating that, despite their age, the victim was fully in possession of their faculties and that there was no exploitation of a condition of weakness.

The Bianucci Law Firm's Approach to Criminal Defense

Avv. Marco Bianucci, a lawyer specializing in criminal law in Milan, handles cases of aggravated fraud with an analytical and rigorous approach, aimed at dismantling the elements constituting the accusation. The defense strategy is not limited to a general denial of the facts but delves into the details of the interaction that occurred between the parties. The primary objective is to verify whether the artifices and deceptions necessary to constitute the crime actually exist and, above all, whether the aggravating circumstance of reduced defense has been legitimately contested or if it is the result of a presumption based solely on age.

In his daily work, Avv. Marco Bianucci carefully examines the case file to identify evidence demonstrating the victim's capacity to understand and self-determine at the time of the events. Often, the dividing line between aggressive commercial negotiation and a criminally relevant fraud is thin. The Bianucci Law Firm works to highlight this distinction, aiming, where possible, to reclassify the crime or exclude the aggravating circumstance, which can lead to a significant reduction in the sentence or access to alternatives to detention. The defense is tailor-made, also considering the possibility of compensating for damages to obtain specific attenuating circumstances.

Frequently Asked Questions

When does the aggravating circumstance of reduced defense due to age apply?

The aggravating circumstance of reduced defense does not automatically apply upon reaching a certain age, such as 65 years. According to prevailing jurisprudence, it is necessary for the age to be accompanied by a concrete reduction in the victim's physical or intellectual capabilities, making them less able to defend themselves or perceive the deception. Legal defense often aims to demonstrate that the person, although elderly, was lucid and autonomous in their decisions.

What are the penalties for aggravated fraud against the elderly?

For aggravated fraud against elderly persons, the law provides for imprisonment from one to five years and a fine. As it is a crime prosecuted ex officio, criminal proceedings continue even if the victim decides to withdraw the complaint, unlike simple fraud. This makes the assistance of a lawyer specializing in criminal law indispensable for managing the procedural stages and limiting the sanctionary consequences.

What is the difference between fraud and exploitation of an incapable person?

The difference is substantial and concerns the victim's state and the perpetrator's conduct. In fraud, the perpetrator uses artifices or deceptions to mislead a person capable of understanding; in the exploitation of an incapable person, the perpetrator abuses the state of infirmity or psychic deficiency of a person to induce them to commit a harmful act, without necessarily using deception. The correct legal qualification of the act is a crucial point that Avv. Marco Bianucci analyzes in every defense.

Is it possible to avoid prison in case of conviction?

In case of conviction for aggravated fraud, the possibility of avoiding prison depends on the severity of the sentence imposed and the defendant's criminal record. If the sentence is within certain limits (generally under two years, or four in specific cases of probation), it is possible to request the conditional suspension of the sentence or alternative measures to detention. An effective defense strategy aims precisely to keep the sentence within these limits.

Request a Legal Consultation in Milan

If you are under investigation for fraud or require technical defense in criminal proceedings, it is crucial to act promptly. Avv. Marco Bianucci, thanks to his consolidated experience in the criminal field, is available to analyze your position and define the best defense strategy. The Bianucci Law Firm is located in Milan at Via Alberto da Giussano, 26. Contact Avv. Marco Bianucci to schedule an appointment and discuss your case with the utmost confidentiality and professionalism.