Being involved in criminal proceedings for the crime of threat, whether as a suspect or as a victim, represents a delicate situation that can generate significant apprehension. Italian law severely punishes those who threaten others with unjust harm, especially when circumstances that increase its gravity are present. In this context, the role of the criminal defense lawyer is fundamental to analyze the facts, contextualize the events, and prepare the best possible defense. At the Bianucci Law Firm, we understand the personal and legal implications of these accusations and offer immediate and competent support.

The Crime of Aggravated Threat in the Italian Penal Code

Article 612 of the Italian Penal Code governs the crime of threat, distinguishing between simple and aggravated cases. Threat consists of the prospect of an unjust harm, such as to instill fear in the victim and limit their psychological freedom. However, the situation becomes legally more complex when the threat is considered aggravated. Aggravating circumstances apply in the presence of specific conditions, such as the use of weapons, a threat committed by a disguised person, by multiple people gathered, with an anonymous letter, or symbolically, or by leveraging the intimidating power of secret associations.

A crucial distinction concerns prosecution. While simple threat is punishable upon a complaint by the victim (who can therefore decide to withdraw it), aggravated threat is almost always prosecutable ex officio. This means that once the judicial authority becomes aware of it, criminal proceedings continue regardless of the victim's willingness to forgive or withdraw the complaint. It is essential to understand that even commonly used objects, if used to intimidate, can trigger the aggravating circumstance of using weapons, making the suspect's position much more serious.

The Defense Strategy of Lawyer Marco Bianucci

The approach of Lawyer Marco Bianucci, as an expert criminal lawyer in Milan, is based on a rigorous analysis of the evidence. Not every unpleasant remark or verbal altercation constitutes a crime: for a threat to be established, the harm threatened must be credible and capable of disturbing the recipient. The firm's strategy focuses on evaluating the context in which the phrases were uttered, the state of mind of the parties, and the actual suitability of the action to intimidate.

For those accused of aggravated threat, the goal is often to demonstrate the absence of aggravating circumstances or the lack of concrete offensiveness of the conduct, aiming for dismissal or acquittal where possible. In cases of assistance to the victim, the Bianucci Law Firm works to ensure that the gravity of the facts is correctly understood by the judicial authority, by constituting itself as a civil party to obtain fair compensation for the moral damages suffered. The in-depth knowledge of the case law of the Court of Milan allows Lawyer Marco Bianucci to guide the defense in a pragmatic and effective manner.

Frequently Asked Questions

What is the difference between simple threat and aggravated threat?

The main difference lies in the presence of circumstances that make the act more serious, such as the use of weapons or anonymity. Simple threat is punishable by a fine of up to €1,032 and is prosecuted only upon a complaint by the victim. Aggravated threat carries a prison sentence of up to one year and is prosecuted ex officio, making the trial unavoidable even without the victim's willingness.

I received threats via WhatsApp, is it considered a crime?

Yes, threats sent via instant messaging services like WhatsApp, SMS, or social networks have full criminal relevance. Indeed, the written form can constitute immediate documentary evidence of what happened. Depending on the content of the message, the act could be classified as a serious or aggravated threat.

Can I withdraw a complaint for aggravated threat?

If the crime charged is aggravated threat (e.g., committed with weapons or anonymously), the withdrawal of the complaint is ineffective. As it is a crime prosecutable ex officio, the State has an interest in prosecuting the perpetrator regardless of the victim's desire to stop the proceedings.

What are the risks for a threat with a knife or an improper weapon?

The use of a weapon, even an improper one (such as a stick or a screwdriver), automatically triggers the aggravating circumstance. In these cases, the law provides for a prison sentence. The defense will need to assess whether the object was actually used for intimidation purposes or if there are grounds for a different qualification of the act.

Request a Legal Consultation in Milan

If you are involved in proceedings for aggravated threat or are a victim of intimidation, it is crucial to act promptly. Lawyer Marco Bianucci is available to evaluate your case and define the most suitable defense strategy for your situation. We receive by appointment at our office in Milan, at via Alberto da Giussano, 26. Contact Lawyer Marco Bianucci today to protect your rights.