Facing criminal proceedings for the crime of the unlawful practice of a profession is a delicate moment that can have significant repercussions on the personal and professional life of the accused. As a criminal lawyer practicing in Milan, Avv. Marco Bianucci understands the complexity of these situations, often arising from regulatory boundaries that are not always clear between free activities and activities reserved for registered professionals. The firm's objective is to provide rigorous technical defense, analyzing every detail of the charges to protect the client's rights in full compliance with the law.

The crime under art. 348 c.p.: regulations and consequences

Article 348 of the Italian Penal Code punishes anyone who unlawfully practices a profession for which special state authorization is required. The rule is intended to protect the general interest, ensuring that certain activities, critical for public health or safety, are carried out exclusively by individuals possessing verified technical and moral requirements, usually through registration with a professional register. It is fundamental to understand that the crime is constituted not only when the individual has never obtained the qualification, but also when, despite having obtained it, they have not proceeded with the necessary registration with the register or have been suspended or struck off from it.

Case law has clarified that for the crime to be constituted, continuity or professional organization of the activity is not necessary: even the performance of a single act typical of and exclusively reserved for a specific professional category can constitute the criminal offense. The penalties for this crime have been increased over the years, providing for imprisonment and heavy fines, as well as the mandatory confiscation of equipment and instrumental assets used to commit the crime. Furthermore, the conviction is published, causing serious reputational damage.

The approach of Studio Legale Bianucci to criminal defense

Avv. Marco Bianucci, an expert lawyer in criminal law in Milan, handles cases of unlawful practice of a profession with a meticulous and personalized defense strategy. The starting point is always an in-depth analysis of the investigation documents to verify whether the conduct in question actually falls within activities exclusively reserved for a protected profession or whether, on the contrary, it can be attributed to free provision of services or general, unregulated consultancy. In fact, the boundaries between the exclusive competencies of a professional order and accessory, non-reserved activities are often subtle and require specific expertise to be distinguished in court.

The defense also focuses on the subjective element of the crime and on verifying the existence of all the constituent elements of the offense. The firm carefully evaluates the possibility of demonstrating the absence of intent or excusable error regarding non-criminal law, where the sector regulations are particularly complex or ambiguous. At every stage of the proceedings, from preliminary investigations to the trial, Avv. Marco Bianucci works to ensure that the client's position is represented with the utmost clarity and technical competence, aiming for the best possible outcome, whether it be dismissal, acquittal, or mitigation of the sentence.

Frequently Asked Questions

What are the penalties for the unlawful practice of a profession?

The Penal Code provides for severe penalties including imprisonment from six months to three years and a fine ranging from 10,000 to 50,000 euros. In addition to these main penalties, there is the publication of the sentence and the confiscation of the instruments used for the unlawful activity.

Is a single act sufficient for a conviction?

Yes, according to prevailing case law, the performance of even a single act typical of and exclusively reserved for a regulated profession is sufficient to constitute the crime, and habitual conduct is not necessary.

What happens if I am a professional suspended from the register?

Continuing to practice the profession during a period of disciplinary or administrative suspension constitutes the crime of unlawful practice, as the requirement of authorization to practice is lacking at that specific historical moment.

Who can join the proceedings as a civil party?

In criminal proceedings, both clients who have benefited from the unlawful service and professional Orders or Colleges can join the proceedings as civil parties to claim damages, as they are representative bodies of the injured interest.

Request a legal consultation in Milan

If you are involved in an investigation for the unlawful practice of a profession or believe you have been a victim of such a crime, it is essential to act promptly. Avv. Marco Bianucci, with his consolidated experience as a criminal lawyer in Milan, is available to examine your case with the utmost confidentiality and professionalism. Contact the firm at Via Alberto da Giussano 26 to schedule an appointment and define the most suitable defense strategy for your situation.