The crime of identity theft in the current context

Facing an accusation for the crime of identity theft can cause deep concern, especially in an era where digital and physical identities constantly overlap. This offense, governed by Article 494 of the Italian Penal Code, occurs when a person deceives others by unlawfully substituting their own identity for another's, or by attributing to themselves or others a false name, a false status, or a quality to which the law attaches legal effects. As a criminal lawyer practicing in Milan, Avv. Marco Bianucci understands the delicacy of these situations, which often arise from misunderstandings or actions taken online without full awareness of the legal consequences. It is crucial to understand that the law punishes not so much the lie itself, but the intention to procure an advantage for oneself or others, or to cause harm to others.

Constituent elements and consequences of Article 494 of the Italian Penal Code

For the crime to be constituted, it is not enough to declare falsehoods. The norm requires the presence of so-called specific intent. This means that the deceptive action must have been planned and executed with the precise intention of obtaining a benefit, which can be financial but also moral or relational, or with the intent to harm the victim. Case law has significantly expanded the application of this crime with the advent of social networks: the creation of a fake profile using photos and data of another real person perfectly integrates the offense, if aimed at harassing, defrauding, or simply engaging in deceptive relationships. The penalty provided is imprisonment for up to one year, a sanction that, while not among the highest in the code, involves registration in the criminal record, tarnishing the criminal record with negative consequences for the reputation and working life of the accused.

The defense strategy of Studio Legale Bianucci

The approach of Avv. Marco Bianucci, an expert criminal lawyer in Milan, is based on a rigorous analysis of the evidence to verify the existence of all the requirements of the crime. In many cases, the defense focuses on contesting the specific intent. If it can be demonstrated that the action, although imprudent, was not aimed at obtaining an unjust advantage nor at causing harm, the prosecution's case can be significantly weakened. The firm also carefully assesses the minor nature of the act and the potential absence of concrete consequences for the injured party. Thanks to extensive experience in managing criminal proceedings before the Court of Milan, Avv. Bianucci develops personalized strategies that can range from requesting dismissal in the preliminary stages to choosing alternative procedures or probation, if circumstances suggest it, to extinguish the crime and preserve the client's future.

Frequently Asked Questions

Is creating a fake social media profile always a crime?

Not automatically, but it very easily becomes one. If the fake profile uses the identity of a real person (photos, name) and is used to deceive other users in order to obtain an advantage (even just reputational or relational) or to harm the person being impersonated, then the crime of identity theft under art. 494 of the Italian Penal Code is constituted.

What is meant by advantage or harm in the crime of identity theft?

The concept of advantage is very broad according to case law. It does not necessarily have to be an economic gain (money). It can be an emotional, sexual, vanity-related advantage, or simply the ability to hide one's true identity to act undisturbed. Similarly, harm can also be merely moral or reputational damage to the victim.

Is it possible to avoid trial if one has no prior convictions?

Yes, there are legal tools that an expert criminal lawyer can activate. For those with no prior convictions and in cases of lesser gravity, it is possible to request the application of the probation institute, which suspends the trial and, if a program of public utility works is successfully completed, leads to the extinction of the crime without a criminal conviction.

What is the difference between identity theft and fraud?

Identity theft is a crime against public faith that punishes deception regarding identity. Fraud, on the other hand, is a crime against property that requires economic damage to the victim and an unjust patrimonial profit for the perpetrator. Often the two crimes can concur, but identity theft can exist even without any transfer of money.

Request a legal consultation in Milan

If you are under investigation for identity theft or believe you are a victim of this crime, it is essential to act promptly with adequate technical defense. Avv. Marco Bianucci is at your disposal to analyze the details of your case and define the best defense strategy. Contact Studio Legale Bianucci at via Alberto da Giussano 26 in Milan to schedule an appointment and protect your rights.