Protection of Reputation Beyond Life
When the memory of a loved one who is no longer with us is offended, the pain of loss is compounded by indignation for the injustice suffered. Italian law recognizes that an individual's dignity and reputation deserve respect and protection even after death. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci deeply understands how deeply these situations can wound surviving family members and how crucial it is to act promptly and firmly to restore the truth and honor of the deceased.
Defamation of a deceased person is not just a matter of principle, but a precise legal concept that allows relatives to take legal action against anyone who, by communicating with multiple people, offends another's reputation. This harmful behavior can manifest verbally, through the press, or, as increasingly happens, via social networks. The objective of legal action is not only to sanction the perpetrator but also, and above all, to obtain fair compensation for the moral damage suffered by the family members, who become the true victims of the unlawful conduct, suffering a direct violation of their right to preserve family memory.
The Legal Framework: Defamation and Standing to Sue
Our legal system provides specific tools for the protection of the memory of the deceased. Although the crime of defamation (Art. 595 of the Italian Penal Code) is technically a crime against a person, if the offended party is deceased, the law extends the possibility of protection to close relatives. Article 597 of the Italian Penal Code states that if the offense is directed at a deceased person, the complaint can be filed by close relatives, the adopter, or the adopted person. This mechanism ensures that the honor of those who can no longer defend themselves is protected by those who cherish their memory.
In addition to the criminal aspect, civil protection is of central importance. Family members can take action to obtain compensation for non-pecuniary damage, understood as the inner suffering and mental distress caused by the offense to the memory of the relative. It is crucial to distinguish between the simple right to criticism, constitutionally guaranteed, and gratuitous, offensive attacks on personal dignity, which exceed the limits of expressive restraint. Case law is clear in sanctioning those expressions that, far from being a historical reconstruction or objective criticism, amount to invectives or attributions of untrue facts solely aimed at denigrating the figure of the deceased.
The Approach of Studio Legale Bianucci in Milan
Handling a case of defamation against a deceased person requires particular sensitivity and a rigorous legal strategy. The approach of Avv. Marco Bianucci, an expert lawyer in damages compensation in Milan, always begins with a meticulous analysis of the incriminating statements or writings. It is essential to evaluate the context in which the phrases were uttered, the reach of the medium used (for example, a Facebook post has a very high potential for harm), and the actual defamatory nature of the words used.
Studio Legale Bianucci works to build a solid evidentiary framework, gathering all necessary evidence to demonstrate the damage to reputation and the consequent harm suffered by the family members. The strategy is agreed upon step by step with the client, assessing whether to proceed with a criminal complaint or to take direct civil action for damages. The primary objective is always to obtain concrete redress, which may consist not only of financial compensation but also of the publication of the conviction judgment or a public rectification, fundamental tools for rehabilitating the deceased's name in the eyes of the community.
Frequently Asked Questions
Who can file a complaint for the defamation of a deceased person?
The law grants the standing to file a complaint to the close relatives of the deceased person. This category typically includes the spouse, children, parents, brothers, and sisters. Adopters and adopted persons are also among those who can take legal action to protect the memory of their departed loved one. It is important to act promptly, as the deadline for filing a complaint is three months from the date of becoming aware of the defamatory act.
How is damages compensation calculated in these cases?
The quantification of damages for defamation of a deceased person does not follow rigid mathematical tables but is assessed by the judge on an equitable basis. Factors influencing the amount include the severity of the offenses, the dissemination of the medium used (print, television, social media), the media attention the news received, and the degree of suffering experienced by the family members. Avv. Marco Bianucci is committed to highlighting all these elements to obtain the maximum possible compensation for his clients.
What happens if the defamation occurs on social networks?
Defamation committed through social networks (such as Facebook, Instagram, or Twitter) is considered an aggravated form of defamation. The Court of Cassation has equated social media to the press in terms of their harmful potential, given the ability of the message to reach an indeterminate number of people in a very short time. In these cases, legal protection is even more incisive, and penalties, as well as compensation, tend to be more severe precisely because of the vast audience reached by the offense.
Request a Case Evaluation
If the memory of your family member has been tarnished and you wish to know your legal options, it is essential to consult a competent professional. Avv. Marco Bianucci receives at his office in Milan at Via Alberto da Giussano, 26, to examine your situation with the utmost confidentiality and professionalism. During the initial consultation, the available documentation will be analyzed, and possible courses of action to obtain justice and fair compensation will be outlined.