Understanding the Charge of Abandonment of Minors or Incapacitated Persons

Facing criminal proceedings for the offense of abandoning a minor or incapacitated person is an extremely delicate moment, touching upon deep personal and family spheres. I fully understand the distress that arises from being accused of a violation of custodial or care duties, often in situations where there was no intention to cause harm. As a criminal lawyer in Milan, my goal is to clarify this complex criminal offense, governed by Article 591 of the Italian Penal Code, and offer a clear and professional perspective on how to approach the defense.

The Legal Framework: Article 591 of the Italian Penal Code

The offense of abandoning minors or incapacitated persons is a crime against life and individual safety. The law punishes anyone who abandons a person under the age of fourteen, or a person who, due to mental or physical illness, old age, or any other cause, is unable to provide for themselves, and of whom they have custody or are responsible for care. It is crucial to understand that this is a crime of danger: this means that for the offense to be constituted, it is not necessary for the abandoned person to suffer actual physical harm, but it is sufficient that they have been exposed to a situation of potential danger to their safety. The law protects the duty of solidarity and protection towards the most vulnerable individuals.

The punishable conduct, abandonment, consists of leaving the passive subject to their own devices or to unforeseen events, interrupting the relationship of custody or care that guaranteed their safety. However, jurisprudence requires that such abandonment be conscious and voluntary (intent). Not every momentary absence constitutes a crime: it is necessary to assess whether the action has concretely endangered the protected legal interest. As a lawyer specializing in criminal law, I analyze every detail to verify if the legal requirements are truly met or if the incident can be attributed to negligence not punishable by law or to an emergency situation managed to the best of one's ability.

Studio Legale Bianucci's Approach to Criminal Defense

At Studio Legale Bianucci, the analysis of a case of alleged abandonment always begins with a meticulous reconstruction of the facts. The approach of Avv. Marco Bianucci, a lawyer specializing in criminal law in Milan, focuses on contextualizing the event. Often, what appears as abandonment to the prosecution may turn out to be conduct devoid of harmfulness if analyzed in light of specific circumstances, such as the duration of the absence, the safety measures taken, or the residual capacity of the passive subject to care for themselves during that limited period.

The defense strategy aims to highlight the absence of intent, i.e., the will to abandon the subject to their fate, or the lack of concrete danger. In many cases, we work to demonstrate that, despite the physical absence, the perpetrator maintained a form of control or surveillance, even indirect, such as to exclude the state of abandonment in a legal sense. The defense is tailor-made, valuing every piece of evidence useful for dismantling the prosecution's hypothesis or, alternatively, for mitigating the sanctionary consequences through careful assessment of mitigating circumstances.

Frequently Asked Questions

What are the risks if I am convicted of abandoning a minor?

The penalty provided by Article 591 of the Italian Penal Code is imprisonment from six months to five years. However, the penalty is increased if the act results in personal injury and is further aggravated if it results in death. Furthermore, penalties are increased if the act is committed by a parent, child, guardian, or spouse, or by an adoptive parent or adopted child. The defense strategy of a criminal lawyer is essential to avoid these consequences or to minimize them.

Is leaving a child in a car for a few minutes a crime?

This is one of the most common scenarios. Jurisprudence is not uniform and assesses each case individually. If the absence is very brief, the car is in sight, the weather conditions are suitable, and there is no concrete danger, the crime could be excluded. However, if the car is locked in the sun or the absence is prolonged, the crime of abandonment can be fully constituted. It is crucial to demonstrate the absence of concrete danger in that specific moment.

Does the offense exist even if the elderly person or minor does not get hurt?

Yes, as anticipated, the abandonment of an incapacitated person is a crime of danger. The judge must ascertain whether, at the moment the person was left alone, there was a concrete probability of harm. The fact that fortunately nothing serious happened does not automatically exclude punishability, but it is an element that the defense will use to argue about the minor nature of the act or the lack of harmfulness of the conduct.

Who can be accused of this crime?

This is a specific crime, meaning it can only be committed by someone who has a position of guarantee towards the victim. This includes parents, guardians, teachers, healthcare personnel, caregivers, or anyone who has assumed, even temporarily, the obligation of custody or care for the incapacitated person or minor.

Request a Legal Consultation in Milan

If you are involved in an investigation for the abandonment of a minor or incapacitated person, or fear that your conduct may be subject to criminal evaluation, it is essential to act promptly. Contact Avv. Marco Bianucci for a preliminary assessment of your case. You will receive competent and discreet legal assistance at the office in Milan at Via Alberto da Giussano, 26, aimed at protecting your rights and your freedom.