Facing a Child Abandonment Charge
Receiving notice of an investigation or a notice of guarantee for the crime of child abandonment is an experience that causes deep distress and concern. This is a charge that touches the most intimate and delicate sphere of family life, questioning parental capacity or the responsibility of those who had custody of a vulnerable person. We fully understand the state of mind of those in this situation and the need for clear and immediate answers. As a criminal lawyer in Milan, the primary objective is to analyze every detail of the case to protect the rights of the accused and the well-being of the child involved.
The Crime of Abandonment of Minors or Incapable Persons: Art. 591 C.P.
The Italian Penal Code, in Article 591, punishes anyone who abandons a person under the age of fourteen, or a person incapable, due to mental or physical illness, old age, or any other cause, of providing for themselves, and of whom they have custody or are responsible for caring for. The law protects the value of life and the personal safety of individuals who are unable to manage themselves.
It is fundamental to understand that the concept of abandonment does not necessarily imply the intention to permanently get rid of the minor. Jurisprudence, including at the Court of Milan, has often clarified that the crime can also occur in cases of temporary abandonment, provided that such conduct exposes the victim to a danger, even if only potential, to their safety. It is not necessary for a harmful event (such as an injury) to occur, but it is sufficient that the minor was left in an uncontrollable dangerous situation.
The Distinction Between Custody and Care
The law distinguishes between those who have custody (a relationship that implies direct and immediate supervision) and those who have a duty of care. This distinction is crucial for identifying the responsible parties, who may not only be parents but also teachers, healthcare professionals, or babysitters at the time the minor is entrusted to their responsibility.
The Approach of the Bianucci Law Firm in Criminal Defense
Avv. Marco Bianucci, an expert criminal lawyer in Milan, handles child abandonment cases with a rigorous and analytical approach. The defense is not limited to a simple denial of the facts but requires a meticulous reconstruction of the context in which the event occurred. Often, what appears as abandonment to the prosecution can be attributed to situations of temporary necessity or contexts where the child's safety was otherwise guaranteed by other factors.
The defense strategy focuses on several key aspects:
Firstly, the actual existence of a state of danger is assessed. If it can be demonstrated that, despite the physical absence of the parent or guardian, the child never ran a concrete risk due to precautionary measures taken, the crime may not be applicable. Secondly, the subjective element is analyzed, i.e., the awareness and intent to abandon the incapable person to themselves. The intervention of Avv. Marco Bianucci aims to highlight any element useful to demonstrate the absence of intent or the presence of justifying causes, working to obtain the dismissal of the case or acquittal in court.
Frequently Asked Questions
Is leaving a child in a car for a few minutes a crime?
Yes, it can constitute the crime of child abandonment if the circumstances (temperature, isolated location, child's age, duration of absence) create a situation of danger, even if only potential, to the child's safety. Jurisprudence is very strict on this point, assessing the concrete risk on a case-by-case basis.
Up to what age is leaving a child home alone considered child abandonment?
Art. 591 of the Penal Code refers to minors under fourteen years of age. However, the assessment is not purely chronological but concerns the child's ability to provide for themselves in that specific situation. Leaving a 13-year-old child alone for a short period may not constitute a crime if the child has the necessary maturity to manage the situation without danger.
What are the risks if I am convicted of child abandonment?
The penalty provided by art. 591 C.P. is imprisonment from six months to five years. The penalties are increased if the act is committed by a parent, child, guardian, or spouse, or by an adoptive parent or adoptee. If the act results in personal injury or death, the penalties are significantly increased.
If I entrust my child to my grandparents and something happens, am I responsible?
If the parent has concretely entrusted the minor to the grandparents (or other suitable guardians), transferring the duty of supervision to them, criminal liability for any abandonment falls on whoever had effective custody at that time, unless the entrustment was made to a clearly unsuitable person.
Request Immediate Legal Consultation
Accusations related to crimes against the family and persons require timely and competent technical defense. If you are involved in proceedings for child abandonment or fear you might be, it is essential not to underestimate the situation. Contact Avv. Marco Bianucci for an in-depth evaluation of your case. Through an initial consultation, it will be possible to examine the facts and outline the most appropriate defense strategy to protect your position and your family's future.