Criminal Lawyer: Arbitrary Exercise of One's Rights

The crime of arbitrary exercise of one's rights is a complex issue that requires detailed analysis. This crime occurs when an individual, despite having a legitimate right, decides to take justice into their own hands, bypassing the legal channels provided. It is a particularly relevant topic in Italian criminal law and requires a careful and informed legal approach.

Definition and Legal Context

Article 392 of the Italian Penal Code regulates the arbitrary exercise of one's rights. This legislation specifies that it is illegal for anyone, even if they have a right, to exercise it arbitrarily, without going through the legal procedures.

Constitutive Elements of the Crime

  • Existence of a right: The person must have a legitimate right, such as a credit or possession.
  • Arbitrary means: The use of means not permitted by law to assert that right.
  • Absence of a judgment: The lack of a judicial decision authorizing the action taken.
"The arbitrary exercise always implies an abuse of rights, where DIY justice replaces institutions."

Legal Consultation in Milan

Facing a charge of arbitrary exercise of one's rights requires a strategic and well-documented defense. The Bianucci Law Firm, led by Attorney Marco Bianucci, specializes in criminal law and offers comprehensive and personalized support. The team of legal experts is at your disposal for an in-depth consultation, helping you navigate the complexities of the legal system.

Conclusion

If you find yourself involved in a situation that could constitute the crime of arbitrary exercise of one's rights, do not hesitate to contact the Bianucci Law Firm. Attorney Marco Bianucci and his team of experts are ready to provide you with the necessary assistance to protect your rights and guide you towards the most favorable resolution of your case.

Contact Us