The Crime of Snatch Theft: Legal Implications and Defense

Being a victim of snatch theft or being accused of it represents a moment of intense emotional and legal tension. In the urban context of a metropolis like Milan, episodes of sudden theft of goods such as bags, smartphones, or jewelry are unfortunately frequent and require an immediate and competent legal response. Understanding the exact nature of the alleged crime is the first fundamental step, both for those who must defend themselves from a criminal accusation and for the victim who intends to obtain justice and compensation. As a criminal lawyer in Milan, Avv. Marco Bianucci offers rigorous technical support to navigate the complexities of the criminal proceedings arising from these events.

What the Law Provides: Article 624 bis of the Italian Penal Code

Snatch theft, commonly referred to as 'scippo', is governed by Article 624 bis of the Italian Penal Code. This provision punishes anyone who takes possession of another's movable property, by removing it from the person who holds it, with the aim of profiting for themselves or others, by snatching it from the hand or person. The peculiarity of this crime lies in the violence exerted, which must be directed exclusively at the object (the item snatched) and not at the physical person. If the violence extends to the victim's body, a much more serious crime is constituted.

The Fundamental Distinction Between Snatch Theft and Robbery

One of the most critical aspects of a defense strategy concerns the correct legal qualification of the act. Often, the dividing line between snatch theft and robbery (Art. 628 of the Penal Code) is subtle but decisive for the severity of the penalty. In snatch theft, the violent action is aimed solely at overcoming the physical resistance of the object (e.g., snatching a necklace from the neck or a bag from the shoulder). If, however, the violent action or threat is directed at the person to take the item or to ensure escape, it falls under the crime of robbery, which is punished much more severely. An expert lawyer in criminal law works precisely on the detailed analysis of the dynamics, often using video surveillance footage and testimonies, to ensure that the correct legal qualification is attributed to the act, avoiding unjustified aggravations of the suspect's position.

The Approach of the Bianucci Law Firm in Case Management

Avv. Marco Bianucci, with his consolidated experience as a criminal lawyer in Milan, handles snatch theft cases with an analytical and personalized approach, whether assisting the suspect or defending the victim.

For the suspect or defendant, the defense focuses on the examination of evidence. It is essential to verify the strength of the prosecution's elements, such as photographic identification or security camera footage, which are omnipresent in Milan. Avv. Marco Bianucci carefully evaluates the possibility of resorting to alternative proceedings, such as plea bargaining or the abbreviated procedure, if the evidentiary situation suggests it, in order to contain the sanctionary consequences. Furthermore, the utmost attention is paid to the distinction between snatch theft and robbery, contesting any unjustified aggravating circumstances.

For the victim of the crime, the Bianucci Law Firm offers assistance in drafting the complaint, ensuring that the facts are presented clearly and precisely to facilitate investigations. The goal is to establish the victim as a civil party in the criminal proceedings, an indispensable tool for claiming compensation for damages, both material and moral, suffered due to the crime.

Frequently Asked Questions

What is the penalty for snatch theft?

The penal code provides for imprisonment from three to six years and a fine from 927 to 1,500 euros for snatch theft. However, the penalty may vary in the presence of specific aggravating or mitigating circumstances that must be evaluated on a case-by-case basis by a competent lawyer.

What happens if the victim falls and gets injured during the snatch theft?

If the snatching causes injuries to the victim, even if not intentionally caused but as a consequence of the violent action on the object, the crime could be reclassified as improper robbery or combined with the crime of personal injury. This drastically changes the defensive scenario and the possible penalties.

How can I defend myself if I have been unjustly accused of snatch theft?

It is crucial to contact a criminal lawyer immediately. The defense will be based on the search for alibis, the analysis of cell phone data to prove your location at the time of the incident, and the contestation of any mistaken identifications by witnesses.

How much time do I have to report a snatch theft in Milan?

Snatch theft is a crime that can be prosecuted ex officio, meaning there are no strict 3-month deadlines as for private complaints. However, it is always advisable to report the incident to the competent authorities as soon as possible to allow for the timely acquisition of evidence, such as camera footage, which is often overwritten after a few days.

Request a Legal Consultation in Milan

Facing criminal proceedings for snatch theft requires technical expertise and promptness. If you have been accused of this crime or have been its victim, Avv. Marco Bianucci is available to examine your case with the utmost confidentiality and professionalism. At the office located at Via Alberto da Giussano 26 in Milan, the most appropriate strategy will be defined to protect your rights and your freedom.