Facing a charge of voluntary homicide represents one of the most dramatic and complex moments a person and their family can experience. The gravity of the consequences requires immediate clarity and the timely intervention of impeccable legal defense. As a criminal lawyer in Milan, Avv. Marco Bianucci deeply understands the psychological and procedural weight of such an indictment, offering legal assistance based on analytical rigor and utmost dedication to the case.
The Crime of Voluntary Homicide in the Italian Legal System
Article 575 of the Criminal Code punishes anyone who causes the death of a human being. When speaking of voluntary, or intentional, homicide, the central element that the prosecution must prove is precisely the intent (dolo), meaning the precise intention and will to cause the fatal event. It is not enough that the action caused death; it is strictly necessary to prove that the subject acted with the awareness and specific purpose of killing, or at least accepting the concrete risk that death could occur as a consequence of their conduct (so-called eventual intent).
Investigations in these cases are extremely delicate, complex, and invasive. They involve wiretaps, scientific surveys, analysis of telephone cell data, and testimonies. The prompt appointment of a trusted defense counsel is crucial to ensure that any unrepeatable act, such as an autopsy or a crime scene investigation, is carried out with the participation of technical consultants appointed by the defense, thus ensuring full respect for the adversarial principle from the very first investigative stages.
The Strategic Approach of the Bianucci Law Firm
Defense in a voluntary homicide trial cannot in any way be based on improvisation. The approach of Avv. Marco Bianucci, an expert criminal lawyer in Milan, is based on a meticulous and alternative reconstruction of the facts compared to that proposed by the Public Prosecutor's Office. Every single document in the case file is studied in minute detail, analyzing any investigative gaps, testimonial contradictions, and procedural correctness in the acquisition of evidence against the suspect or defendant.
The Bianucci Law Firm constantly collaborates with technical consultants of proven reliability, such as forensic doctors, ballistics experts, IT specialists, and forensic genetics specialists. Indeed, **dismantling an accusation** requires countering the prosecution's science with an equally solid and unassailable defense science. The goal is always to ensure the client a fair trial, protecting their fundamental rights at every level of judgment, from the preliminary investigation phase up to the eventual trial in the Court of Assizes.
Frequently Asked Questions
What is the difference between voluntary, preterintentional, and negligent homicide?
The fundamental difference lies in the psychological element of the crime. In voluntary (intentional) homicide, there is a clear intention to kill. In preterintentional homicide, the initial intention is only to strike or wound, but from this action, beyond the agent's will, the victim's death results. In negligent homicide, on the other hand, there is no intention to cause harm, but the death occurs due to negligence, recklessness, lack of skill, or violation of laws and regulations.
How does a trial for a voluntary homicide charge proceed?
Given the extreme gravity of the crime, the first-instance trial for voluntary homicide is held before the Court of Assizes, a collegial court composed of two professional judges and six lay judges. The trial is the central and public phase, during which evidence is examined, witnesses, technical consultants, and the defendant are heard. It is a long and complex proceeding that requires a defense with a very high level of technical and argumentative preparation to clearly explain the factual and legal dynamics to the jury.
What are the costs of legal assistance in a criminal trial of this magnitude?
The costs of a criminal proceeding, especially for crimes against persons of such gravity, depend on countless specific and unique factors of each individual case. The volume of documents to be studied, the essential need to appoint party-appointed technical consultants, the number of hearings, and the overall duration of the trial are all variables that make it impossible to provide general advance estimates. During the initial consultation, Avv. Marco Bianucci will thoroughly analyze the situation to outline possible defense strategies and provide a clear, honest, and transparent overview of the necessary financial commitment.
Request a Consultation for Case Evaluation
When personal freedom is at stake and such a serious accusation is faced, time is the most precious factor available to the defense. Timely legal intervention can make a difference in setting up the entire procedural strategy. If you or a loved one must face an investigation or trial for homicide, it is essential to act with the utmost promptness and seriousness. Contact Avv. Marco Bianucci at the Milan office at Via Alberto da Giussano, 26, to schedule a confidential meeting. We will analyze the situation together and define the most solid legal path to protect your rights at every stage of the proceedings.