Crimes Against Public Health in the Italian Criminal Code

Facing an investigation or trial for crimes against public health is an experience that causes deep concern, both for the individual and for the entrepreneur. Accusations related to the adulteration or counterfeiting of food and pharmaceutical substances not only entail significant risks of imprisonment but can irreparably destroy a company's reputation built over years of work. As a criminal lawyer practicing in Milan, Avv. Marco Bianucci understands the sensitivity of these charges and the urgency of preparing a solid defense strategy from the earliest stages of the proceedings.

The Italian legislator severely punishes conduct that endangers the health of the community. Article 440 of the Criminal Code, in particular, penalizes anyone who corrupts or adulterates water or substances intended for consumption, making them dangerous to public health. The provision also extends to medicinal substances, an area where control rigor is paramount. It is crucial to understand that for these crimes to be established, it is not always necessary for actual harm to a specific person to occur; often, the potential for harm of the conduct is sufficient, meaning the act of introducing products capable of causing harm into circulation.

The complexity of this subject lies in the need to distinguish between different types of offenses that may seem similar but carry very different penal consequences. For example, there is a clear legal difference between simple commercial fraud, which protects the fairness of commercial transactions, and actual crimes against public health, which protect the physical integrity of consumers. Furthermore, in the business context, these accusations often intertwine with the administrative liability of entities (Legislative Decree 231/2001), exposing the company to pecuniary and interdictory sanctions that can paralyze its operations.

The Bianucci Law Firm's Approach to Criminal Defense

The approach of Avv. Marco Bianucci, an expert criminal lawyer in Milan, is based on a technical and meticulous analysis of the evidence. In proceedings concerning the adulteration of food or drugs, the defense cannot be limited to legal arguments alone but must necessarily involve scientific expertise. For this reason, the firm collaborates with independent technical consultants, such as toxicologists, chemists, and biologists, who can analyze the prosecution's expert reports and verify the actual dangerousness of the substances in question.

The defense strategy is tailored to the specific case. If the client is an entrepreneur or a quality manager, the primary objective is often to demonstrate the absence of the subjective element of the crime, i.e., intent (dolo). Avv. Marco Bianucci works to reconstruct the production chain and demonstrate, where possible, that any contamination was accidental or due to uncontrollable external factors, thereby shifting the charge, if circumstances permit, towards less serious negligent offenses or the non-existence of the act. Attention to procedural details and the ability to communicate with court experts are distinguishing features of the firm's work on via Alberto da Giussano.

Frequently Asked Questions

What exactly is meant by adulteration of food substances?

Adulteration consists of modifying the natural structure of a food substance by adding foreign elements or removing its own components, altering its composition in such a way as to make it dangerous to public health. Counterfeiting, which involves creating a product that appears genuine but is not, is different. A lawyer specializing in criminal law will carefully evaluate laboratory analyses to contest the actual dangerousness of the substance, which is a constituent element of the crime under art. 440 of the Criminal Code.

What are the penalties for committing these crimes?

The sanctions are severe. For the adulteration or counterfeiting of food or medicinal substances (art. 440 c.p.), the base penalty is imprisonment from three to ten years. If the act results in the death of one or more persons, the penalty can be significantly increased. However, the defense strategy may aim for the recognition of mitigating circumstances or the reclassification of the act into less serious offenses, such as the administration of altered substances (art. 444 c.p.) or the misdemeanor for selling non-genuine but non-dangerous substances.

Is the company liable for crimes committed by employees in this area?

Yes, it is very likely. Crimes against public health are among the predicate offenses for the administrative liability of entities (Legislative Decree 231/2001). This means that, in addition to the criminal proceedings against the natural person (e.g., the administrator or production manager), the company can also be prosecuted and face heavy pecuniary or interdictory sanctions. Avv. Marco Bianucci also assists companies in verifying the adequacy of the Organizational Models adopted to prevent such crimes.

What happens if I sold an adulterated product without knowing it?

In this case, the defense will aim to demonstrate the lack of intent (dolo), meaning the unawareness of the adulteration. If it concerns a retailer who purchased pre-packaged goods from certified suppliers, the psychological element of the crime might be missing. However, the law imposes specific control obligations on operators in the sector; therefore, it will be crucial to demonstrate that you acted with due professional diligence to avoid a conviction for negligence.

Request a Case Evaluation

If you are involved in proceedings for crimes against public health or fear that your company may be at risk, it is essential to act promptly. Technical and prepared defense can make the difference between a conviction and an acquittal or a reduction of charges. Contact Avv. Marco Bianucci at the Milan office for a confidential and in-depth review of your legal position.