Finding yourself in the position of having to defend your safety or your property within your own home is a traumatic experience, which often leaves not only psychological but also judicial repercussions. Understanding the boundaries between the right to self-defense and excessive force punishable by law is fundamental for anyone involved in proceedings of this nature. As an expert criminal lawyer in Milan, Avv. Marco Bianucci deals daily with the complexity of these situations, offering technical and human support aimed at clarifying the position of the suspect in light of recent legislative reforms.

The Regulatory Framework of Self-Defense in Italy

The discipline of self-defense, regulated by Article 52 of the Criminal Code, underwent significant changes with Law no. 36 of 2019, known as the reform of home self-defense. The legislator introduced a presumption of proportionality between offense and defense in cases where the aggression occurs within the domicile or in equivalent places, such as commercial activities. In essence, the reaction of someone who, being legitimately in their own home, uses a weapon or other suitable means to defend their own or others' safety, or property, when the intruder does not desist and there is a danger of aggression, is recognized as always legitimate.

However, it is crucial to understand that this presumption does not equate to an unlimited license to react. Jurisprudence still requires the immediacy of the danger and the necessity of the defense. A central aspect introduced by the reform concerns the non-punishability of those who acted in a state of grave disturbance resulting from the ongoing danger. Even in cases of culpable excess, i.e., when the reaction exceeds the limits imposed by necessity, the law provides for the exclusion of punishment if the action was determined by a strong state of agitation caused by the aggression of others. This nuance is often decisive for obtaining an acquittal or dismissal.

The Bianucci Law Firm's Approach to Home Defense

Avv. Marco Bianucci, an expert criminal lawyer in Milan, adopts a meticulous defense strategy that begins with a detailed reconstruction of the facts. In cases of home self-defense, the primary objective is to demonstrate the existence of the legal requirements, with particular attention to the client's psychological state at the time of the event. The defense is not limited to a technical defense of office, but works to contextualize the defensive reaction within the real perceived danger.

The strategy of the Bianucci Law Firm often utilizes ballistic and forensic technical consultations to prove the trajectory of shots or the nature of the struggle, essential elements for distinguishing legitimate defense from an act of revenge or disproportionate action. As a criminal lawyer with consolidated experience, Avv. Bianucci works to highlight, in court or during preliminary investigations, any state of grave disturbance, a key element for invoking the cause of non-punishability provided by the new legislative provisions. The approach is always aimed at ensuring that the victim of an aggression does not also become a victim of the criminal proceedings.

Frequently Asked Questions

When is home defense considered always legitimate?

Defense is considered legitimate when it occurs within the domicile or place of work against an intruder who has entered with violence or threat, and the reaction is aimed at defending one's own or others' safety. It is necessary that there is an immediate danger and that the intruder is not ceasing their criminal action.

What is meant by grave disturbance in self-defense?

Grave disturbance is an emotional state of deep agitation or fear caused by the ongoing danger. If a judge recognizes that the excess of defense was caused by this psychological state, resulting from the aggression suffered, the law provides that the perpetrator is not criminally punishable.

Can I shoot a fleeing thief?

Generally no. If the thief is fleeing and has abandoned the stolen goods, or in any case no longer represents an immediate threat to the physical safety of those present, shooting could constitute a crime of injury or homicide, as the requirement of immediate danger would be absent.

What is the difference between self-defense and culpable excess?

Self-defense is a justification that makes an otherwise criminal act lawful. Culpable excess occurs when, despite the prerequisites for defense existing, the limits of proportionality or necessity are unintentionally exceeded. With the reform, culpable excess may not be punished if caused by grave disturbance.

Request a Case Evaluation

If you are involved in an investigation for events that occurred during an attempt at home defense, it is essential to act promptly with adequate technical defense. Contact Avv. Marco Bianucci for an in-depth evaluation of your legal position. The Bianucci Law Firm in Milan is available to analyze every detail of the case and build the most effective strategy to protect your rights and your freedom.