When a minor child is involved in criminal proceedings, the entire family experiences a moment of profound distress and disorientation. In these delicate situations, it is crucial to rely on a professional who understands not only the legal complexities but also the emotional and psychological impact on the child. As a criminal lawyer in Milan, Avv. Marco Bianucci handles cases of crimes committed by minors with the utmost dedication, always prioritizing the child's protection and social rehabilitation.
The Juvenile Criminal Process in Italy: Principles and Objectives
The Italian juvenile criminal justice system is founded on a core principle: the primacy of educational needs over punitive ones. Unlike proceedings for adults, the process involving minors is structured to foster the child's accountability and social reintegration, minimizing the traumatic impact of contact with the justice system.
In our legal system, criminal culpability is acquired upon reaching the age of fourteen. Minors under fourteen are never culpable, although they may be subject to security measures if deemed socially dangerous. For individuals between fourteen and eighteen years of age, the judge must assess on a case-by-case basis their capacity to understand and intend at the time of the offense.
The legislator has provided for specific institutes to avoid conviction and detention, where possible. Among these are the irrelevance of the act, judicial pardon, and, most importantly, the suspension of the proceedings with probation. This latter measure allows the minor to undertake a rehabilitation path that, if successfully completed, leads to the extinction of the crime.
The Bianucci Law Firm's Approach to Juvenile Defense
Dealing with juvenile justice requires particular sensitivity. The approach of Avv. Marco Bianucci, an experienced criminal law attorney in Milan, focuses on building a defense strategy that protects the minor comprehensively. This means not only rigorously analyzing investigative documents and ensuring the best technical defense in court but also actively collaborating with the family, social services, and psychologists.
Every child has a unique story, and the causes leading to a crime can be manifold. The Bianucci Law Firm is committed to thoroughly understanding the context in which the alleged incident occurred. The primary objective is to identify the most suitable legal path to safeguard the young person's future, favoring solutions that avoid trial or promote alternatives to detention, such as probation.
Frequently Asked Questions
What happens if my child under 14 commits a crime?
In Italy, minors under fourteen are not culpable. This means they cannot be subjected to criminal proceedings or sentenced to a penalty. However, if the judge ascertains that the minor committed the act and deems them socially dangerous, they may apply security measures, such as supervised liberty or placement in an educational community, to facilitate their rehabilitation.
How does probation for minors work?
The suspension of proceedings with probation is a widely used institute in juvenile proceedings. It consists of suspending the criminal proceedings for a determined period, during which the minor is entrusted to juvenile social services to carry out a personalized educational plan. This plan may include volunteer activities, study or work paths, and behavioral prescriptions. If, at the end of the period, the judge positively assesses the completed path, the crime is declared extinguished.
Do parents have to pay for damages caused by their minor child?
Yes, in civil proceedings, parents are liable for damages caused by the wrongful act of their minor child who cohabits with them, based on the principle of parental responsibility. This obligation to compensate is independent of the criminal proceedings against the minor, although the two aspects are often closely linked. It is important to address this aspect promptly to avoid additional financial burdens for the family.
How much does legal assistance cost in a juvenile criminal case?
The costs of criminal proceedings depend on numerous factors specific to each case, such as the complexity of the charges, the need for defense investigations, the number of hearings, and the chosen procedure. The variables involved make it impossible to provide reliable estimates without a preliminary analysis of the situation. During the initial consultation, Avv. Marco Bianucci will analyze the situation and provide a clear and transparent overview of the expected financial commitment for the defense.
Protect Your Child's Future: Contact the Bianucci Law Firm
A criminal accusation against a minor is an event that requires immediate, competent legal intervention focused on the child's rehabilitation. Do not let a youthful mistake irrevocably compromise your child's future. Avv. Marco Bianucci, in his role as a criminal lawyer, is ready to listen to your story and carefully evaluate every element to build the most appropriate defense strategy.
To discuss your case with confidentiality and professionalism, contact Avv. Marco Bianucci at the Milan office located at via Alberto da Giussano, 26, and book an initial consultation.