In the world of criminal law, the crimes of arbitrary exercise of one's rights and extortion represent two offenses that, while sharing some similarities, differ in fundamental elements that are important to understand. Lawyer Marco Bianucci and his law firm offer a clear examination of these legal issues, providing support and advice for anyone in need of accurate defense.
The arbitrary exercise of one's rights is a crime provided for by Article 392 of the Italian Penal Code. It occurs when a person, instead of turning to the judicial authority to assert a right, decides to take justice into their own hands, using illegitimate means. This behavior is punished by law precisely because it undermines the primary role of justice, which is to resolve disputes in an impartial and regulated manner.
While the arbitrary exercise of one's rights concerns the assertion of a right, extortion, regulated by Article 629 of the Penal Code, involves forcing someone to do or not do something, through violence or threat, in order to obtain an unjust profit. This distinction is crucial: in extortion, the element of unjust profit and coercion are central and make the crime particularly serious.
"The distinguishing element between the two crimes lies in the legitimacy of the claimed right: if the right exists but is asserted through illicit means, it is arbitrary exercise; if the right is non-existent and coercion is used, it is extortion."
If you need advice regarding legal issues related to the arbitrary exercise of one's rights or extortion, contact the Bianucci Law Firm. We will be happy to offer you our experience and expertise to best address your legal situation.