Being involved in criminal proceedings for negligent injury is an experience that causes deep concern and uncertainty. Whether it's a road accident, a workplace injury, or an alleged case of medical malpractice, understanding the implications of Article 590 of the Italian Penal Code is the first step to facing the situation with clarity. As a criminal lawyer in Milan, Avv. Marco Bianucci offers qualified legal assistance to both those under investigation and the injured parties who wish to protect their rights in criminal proceedings.
The Offence of Negligent Personal Injury: Article 590 of the Penal Code
Our legal system punishes anyone who, through negligence, causes personal injury to another. Unlike intentional crimes, where there is an explicit intention to harm, negligent injuries arise from negligence, recklessness, lack of skill, or the violation of specific laws and regulations. This means that the harmful event was not intended by the perpetrator but occurred due to careless conduct or conduct contrary to current safety standards.
The severity of the offence and the resulting penalties vary significantly based on the extent of the harm caused to the victim. The Penal Code distinguishes between minor, serious, and very serious injuries. An injury is considered serious, for example, if it endangers the life of the injured party or causes permanent weakening of a sense or organ. It is considered very serious if it causes a certainly or probably incurable illness, or the loss of a limb. Understanding this strict classification is crucial for establishing a correct defence strategy from the outset.
The Bianucci Law Firm's Approach to Criminal Defence
Facing such an accusation requires not only solid technical expertise but also a deep ability to analyse the factual dynamics that led to the injurious event. The approach of Avv. Marco Bianucci, an expert lawyer in criminal law in Milan, focuses on the meticulous and objective reconstruction of facts. Every detail, every testimony, and every technical expert report is examined with the utmost care to verify the actual existence of the subjective element of negligence and the strict causal link between the alleged conduct and the event that occurred.
The Bianucci Law Firm supports the client in every single phase of the proceedings, from preliminary investigations to the eventual trial in court. The defence strategy is tailor-made, taking into account the specifics of the concrete case and working, where necessary, in close synergy with highly reliable technical consultants to dismantle the prosecution's arguments or to demonstrate the absence of criminal liability of their client.
Frequently Asked Questions
What are the risks of a conviction for negligent injury?
The punitive consequences depend strictly on the severity of the injuries sustained by the victim and the specific circumstances in which the event occurred. The penalties provided by the legislator may include imprisonment or a fine, with specific and severe aggravating circumstances if the act is committed in violation of road traffic regulations or workplace safety regulations. It is essential to evaluate each specific aggravating circumstance to understand the real criminal risk to which one is exposed.
Is it possible to withdraw a complaint for negligent injury?
For minor negligent injuries, the offence is generally prosecutable upon complaint by the injured party, meaning that a withdrawal of the complaint, if accepted, can extinguish the offence. However, in the presence of specific aggravating circumstances, such as violations of workplace safety regulations or serious and very serious road injuries, the offence becomes prosecutable ex officio. In these latter cases, the criminal proceedings continue regardless of the victim's will or forgiveness.
How is the absence of fault demonstrated in an accident?
Demonstrating the absence of fault requires an in-depth defence investigation to prove that the event occurred due to a fortuitous event, force majeure, or the exclusive fault of third parties, including the unpredictable conduct of the injured party themselves. The timely intervention of a legal professional is crucial for gathering exculpatory evidence, appointing defence forensic engineers or medical examiners, and reconstructing the dynamics in a manner that is faithful and favourable to the accused.
Entrust Your Legal Protection to the Bianucci Law Firm
If you are under investigation for the offence of negligent injury or if you have suffered damages and wish to file a civil claim, it is crucial to act promptly to protect your legal position. The initial stages of criminal proceedings are often decisive for the outcome of the entire judicial matter. Contact Avv. Marco Bianucci at the Milan office to schedule an initial consultation. We will jointly analyse the available documentation and outline the most appropriate, transparent, and rigorous defence strategy to address your case with the utmost professionalism and dedication.