Obtaining Compensation for an Injustice Suffered

Being a victim of a judicial error or wrongful detention represents one of the most traumatic experiences a person can face. It means seeing one's life, reputation, and family ties shattered by an erroneous decision of the State. In these circumstances, obtaining compensation is not just an economic matter, but a fundamental step for the recognition of the injustice suffered and for the reconstruction of one's personal and professional path. As an expert lawyer in damages compensation in Milan, Attorney Marco Bianucci understands the profound complexity, both legal and human, of these events, offering targeted assistance to assert the rights of those who have suffered serious prejudice.

Judicial Error and Wrongful Detention: The Regulatory Framework

It is important to distinguish two different legal situations, although both are devastating for those who experience them. A judicial error, regulated by Article 643 of the Code of Criminal Procedure, occurs when a person is convicted by a final judgment and subsequently acquitted during a review of the process. Compensation for wrongful detention, provided for by Article 314 c.p.p., concerns instead those who have undergone pre-trial detention in prison or house arrest and are then fully acquitted. In both cases, the law provides for the right to fair compensation for the damage suffered, which includes both pecuniary damage (legal expenses, loss of employment opportunities) and non-pecuniary damage (moral suffering, damage to reputation and social life).

The Approach of Bianucci Law Firm

Addressing a claim for compensation for judicial error requires an extremely rigorous and in-depth analysis of all procedural acts that led to the wrongful conviction or detention. The approach of Attorney Marco Bianucci, an expert lawyer in damages compensation in Milan, is based on a meticulous reconstruction of the judicial case to identify the evidentiary and procedural elements supporting the claim for reparation. The strategy consists of precisely quantifying all items of damage, pecuniary and non-pecuniary, to present a solid and documented application to the competent Court of Appeal. The firm places the individual at the center, ensuring constant support and transparent dialogue throughout the process, aware of the emotional burden these procedures entail.

Frequently Asked Questions

Who is entitled to compensation for judicial error?

Compensation is due to those who, after being convicted by a final judgment, are acquitted in a review proceeding because it is ascertained that they did not commit the act, that the act does not constitute a crime, or that it is not provided for by law as a crime. The request must be supported by proof of the error that led to the wrongful conviction.

What are the deadlines for requesting compensation for wrongful detention?

The application for compensation for wrongful detention must be submitted, under penalty of inadmissibility, within three years from the day on which the acquittal judgment or the decision not to proceed became final. Respecting this deadline is fundamental to avoid losing the right to compensation.

How is the amount of compensation calculated?

The amount is not fixed but is determined by the judge based on specific criteria. For wrongful detention, the law establishes a daily maximum cap and an overall maximum amount. The judge evaluates the duration of the deprivation of liberty, the personal, family, and professional consequences, and the suffering endured to establish fair compensation that takes into account all the circumstances of the specific case.

Does compensation only cover the period spent in prison?

No, compensation is not limited to indemnifying the deprivation of liberty. It covers a wide range of damages: biological and psychological damage, damage to reputation and image, loss of income and employment opportunities, and all legal defense expenses incurred. The goal is to compensate, as far as possible, the victim for all damages resulting from the error.

Contact Attorney Marco Bianucci for an Evaluation of Your Case

If you believe you have been a victim of a judicial error or have suffered wrongful detention, the first step is to entrust yourself to a professional for a detailed analysis of your situation. The Bianucci Law Firm in Milan offers its expertise to assess whether the conditions for a compensation action exist. Contact the firm to present your case and receive a legal opinion based on a thorough examination of the procedural documentation. The assistance of an expert lawyer in damages compensation is essential to protect your rights and obtain justice.