Criminal Liability of Technical Consultants and Experts

Receiving a charge for the crime of false expert testimony or interpretation represents a critical moment in any professional's career. Whether it concerns doctors, engineers, architects, or interpreters called to collaborate with the Judicial Authority, the accusation of having distorted the truth jeopardizes not only personal freedom but also reputation and professional future. We deeply understand the anxiety and concern that arise from such investigations, where the line between a good-faith technical error and fraudulent conduct can often appear blurred in the eyes of investigators.

In this delicate context, the role of a criminal defense lawyer becomes fundamental to analyze every detail of the contested report and demonstrate the correctness of the technician's work or, at least, the absence of fraudulent intent.

The Crime of False Expert Testimony ex Art. 373 C.P.: What the Law States

The Italian Penal Code, in Article 373, punishes the expert, interpreter, or custodian appointed by the Judicial Authority who provides false opinions or interpretations, or states facts not in accordance with the truth. This is a crime against the administration of justice, aimed at protecting the correctness and veracity of the evidence on which judges' decisions are based.

It is essential to clarify that not every error constitutes a crime. The norm requires intent (dolo), meaning the knowledge and will to lie or conceal the truth. A calculation error, a debatable scientific assessment, or a procedural oversight, even if leading to civil or disciplinary consequences, should not constitute the criminal offense if the intention to deceive the judge is absent. However, distinguishing between lack of skill (negligence) and intentional falsehood (intent) is often the core of the legal battle.

Studio Legale Bianucci's Approach in Defending Professionals

Avv. Marco Bianucci, as an expert lawyer in criminal law in Milan, handles cases of false expert testimony with an analytical and multidisciplinary approach. Defense in these proceedings cannot be limited to legal arguments alone; it often requires a technical understanding of the subject matter of the contested expert report.

The strategy of Studio Legale Bianucci is based on a rigorous analysis of the documents and, where necessary, on collaboration with high-profile party-appointed technical consultants to validate the methodologies used by the accused. The objective is to demonstrate that the conclusions reached by the professional, even if incorrect or divergent from other assessments, are the result of legitimate technical reasoning and not a will to falsify. The experience gained by Avv. Marco Bianucci allows for highlighting how the complexity of the subject matter may have led to subjective evaluations, thereby excluding criminal liability.

Frequently Asked Questions

What is the penalty for the crime of false expert testimony?

Article 373 of the Penal Code provides for imprisonment from six months to three years. Furthermore, a conviction entails disqualification from public office and disqualification from the profession or trade, consequences that can be devastating for a technician's career.

What happens if I made only a calculation or assessment error?

If the inaccuracy is due to negligence, recklessness, or lack of skill (i.e., to negligence and not intent), the crime of false expert testimony does not apply. The criminal system punishes the intent to lie, not a good-faith professional error. The defense will aim precisely to demonstrate the absence of intent.

Does the crime also apply to party-appointed consultants (CTP)?

Article 373 C.P. specifically refers to experts and interpreters appointed by the Judicial Authority (CTU in civil cases, Perito in criminal cases). Party-appointed technical consultants, acting in the interest of a private party, do not hold the status of public officials or individuals in charge of a public service in this specific context, although they may incur other criminal offenses or ethical violations if they falsify documents.

Is it possible to avoid criminal proceedings?

It depends on the stage of the proceedings. Timely intervention by a criminal defense lawyer during preliminary investigations, through the submission of defense briefs or investigative actions, can sometimes clarify the professional's position and lead to a request for dismissal before the trial itself begins.

Protect Your Professionalism

An accusation of false expert testimony requires immediate and competent defense to avoid irreparable damage to one's career. If you are under investigation or fear you may be, leave nothing to chance. Contact Avv. Marco Bianucci at the Milan office for a confidential and in-depth assessment of your legal position.