The Crime of Vandalism and Acts of Damage in the Urban Context

Being a victim of vandalism on your car, at your home, or to your business is an experience that generates frustration and a sense of insecurity. Likewise, finding yourself under investigation for having committed an act of damage requires immediate technical defense to avoid severe criminal consequences. As a criminal lawyer in Milan, Avv. Marco Bianucci deeply understands the dynamics governing these situations, offering targeted legal support to both those who must defend themselves from an accusation and those who intend to obtain justice and fair compensation for the damage suffered.

The crime of vandalism, regulated by Article 635 of the Italian Penal Code, punishes anyone who destroys, disperses, deteriorates, or renders, in whole or in part, unusable movable or immovable property belonging to others. It is crucial to emphasize that the regulatory framework has undergone significant changes in recent years. The legislator has decriminalized simple acts of vandalism, transforming them into civil offenses subject to a monetary penalty, while maintaining criminal relevance for aggravated vandalism. The latter occurs, for example, when the act is committed with violence against a person, with threats, or on property exposed to public faith, such as a car parked on a public street. This distinction is crucial for determining the correct defense strategy.

The Bianucci Law Firm's Approach to Handling Vandalism

Avv. Marco Bianucci, an expert lawyer in criminal law in Milan, approaches cases of vandalism and damage with an analytical and rigorous method, aimed at reconstructing the exact dynamics of the facts. The management of the case varies significantly depending on the client's position. In the case of assistance to the aggrieved party, the firm immediately acts to draft a detailed and effective complaint, an essential element for initiating criminal proceedings in cases not subject to prosecution ex officio. The activity focuses on evidence gathering, such as obtaining surveillance video footage or identifying eyewitnesses, which are fundamental for supporting the accusation and the subsequent establishment of a civil claim to obtain compensation for material and moral damages.

When assistance is directed towards the accused, Avv. Marco Bianucci's approach aims to verify the existence of the constituent elements of the crime. In fact, it is often possible to demonstrate the absence of intent (the will to cause damage) or to attribute the act to a case of simple vandalism, no longer considered a crime. In these circumstances, the defense strategy may be oriented towards solutions that extinguish the crime, such as restorative conduct, or towards a plea bargain if the evidentiary situation suggests it, always with the aim of minimizing the impact on the client's criminal record.

Frequently Asked Questions

I found my car damaged on the street, what should I do?

The first action to take is to file a complaint against unknown persons (or known persons, if there are well-founded suspicions) with the competent authorities within three months of the incident. As the car is exposed to public faith, it is considered aggravated vandalism, therefore criminally relevant. It is advisable to immediately document the damage with photographs and check for the presence of cameras in the area.

What are the risks if I am reported for breaking someone else's property?

The consequences depend on the nature of the property and the circumstances. If it is simple vandalism, you risk a civil monetary penalty and compensation for damages. If, however, there are aggravating factors (e.g., violence against property, public property), it falls under criminal law with the risk of imprisonment. The intervention of a lawyer experienced in criminal law is essential to assess the seriousness of the accusation.

Is it possible to obtain compensation for damages without going to trial?

Yes, it is possible to attempt an out-of-court settlement. If the perpetrator of the damage is known, the lawyer can send a formal notice to request compensation. Often, the responsible party has an interest in compensating for the damage before trial to obtain the extinguishment of the crime or a more favorable penalty treatment.

How much time do I have to file a complaint for acts of vandalism?

The peremptory deadline for filing a complaint is three months from the day you became aware of the fact that constitutes a crime. After this period, it will no longer be possible to proceed criminally against the perpetrator, except in cases that can be prosecuted ex officio.

Request a Legal Consultation in Milan

If you are a victim of vandalism or if you have been accused of vandalism, it is essential to act promptly to protect your rights. Avv. Marco Bianucci receives at the firm in Milan at Via Alberto da Giussano, 26, to analyze your case with the utmost confidentiality and professionalism. During the preliminary consultation, the most suitable strategy for your specific situation will be evaluated.