Being accused of a serious crime like improper robbery is a moment of profound distress and disorientation. Often, situations that begin as simple theft of goods can escalate in moments, leading to very severe criminal charges. As an experienced criminal lawyer in Milan, Avv. Marco Bianucci perfectly understands the delicacy of these circumstances and the impact they can have on a person's life. For this reason, it is of fundamental importance to intervene promptly to protect the rights of the suspect or the accused from the very first stages of the investigative proceedings, ensuring rigorous technical defense.
What is Improper Robbery: The Legal Framework
In the Italian legal system, the crime of robbery is governed by Article 628 of the Criminal Code. While so-called "proper" robbery occurs when violence or threat precedes or accompanies the taking of another's property, improper robbery has a different temporal dynamic. This specific crime occurs when a person, immediately after taking a good, uses violence or threat against anyone to secure possession of the taken item or to procure impunity for themselves or others.
The Crucial Difference with Theft
One of the most debated issues in courtrooms concerns the fine line between theft, perhaps aggravated, and improper robbery. The substantial difference lies in the use of violence or threat after the taking. If, for example, a person is caught stealing an item from a shop and, to escape, pushes a security guard or the owner, the original crime of theft transforms into improper robbery. Jurisprudence strictly requires that the violence or threat occurs immediately after the taking, creating a direct and uninterrupted causal link between the theft and the aggressive conduct aimed at ensuring escape or retaining the loot.
The Bianucci Law Firm's Approach to Criminal Defense
Facing an accusation of this gravity requires a meticulous and personalized defense strategy. The approach of Avv. Marco Bianucci, an experienced criminal lawyer in Milan, is based on the rigorous analysis of every single detail of the factual situation. The primary objective is to critically analyze the prosecution's case, verifying the actual existence of all the constituent elements of the alleged crime, with particular attention to the real nature of the violent conduct.
Often, the defense line focuses on the legal reclassification of the act. The Bianucci Law Firm carefully evaluates the intensity and direction of the conduct: was it a real aggression or a mere passive struggle to escape? This distinction is fundamental, as a simple tug aimed solely at escape, without the intent to harm others' well-being, could in some specific cases lead to a different and less serious qualification of the crime, such as theft in conjunction with resistance. Deep knowledge of case law allows for the construction of a solid defense, aimed at ensuring the correct application of the law for the client.
Frequently Asked Questions
What is the penalty for improper robbery?
The Criminal Code provides for very severe penalties for robbery, both proper and improper. Currently, the base penalty consists of imprisonment from five to ten years and a fine. However, the penalty can increase significantly in the presence of aggravating circumstances, such as the use of weapons, disguise, or if the act is committed by multiple people. It is essential to analyze the specific case to understand the real sanctionary risks and possible strategies to mitigate them.
Is a simple push to escape always considered improper robbery?
It depends on the concrete circumstances and the intensity of the physical action. Jurisprudence tends to consider improper robbery even for a shove or a shoulder bump inflicted to ensure escape or the loot immediately after the taking. However, if the action is a mere passive struggle that does not result in actual violence directed against the person, there is room to discuss the qualification of the crime. Detailed analysis of the dynamics, perhaps supported by witness testimony or footage, is crucial for defense purposes.
What happens if I abandon the loot before using violence to escape?
If the person voluntarily abandons the taken item before using violence or threat solely for the purpose of escaping, the majority jurisprudence holds that improper robbery is not constituted. In this scenario, the charge could be downgraded to attempted theft in conjunction with the crime of private violence or assault, depending on the case. This occurs because the finalistic intent to secure possession of the loot is missing. Even in this hypothesis, the correct and precise reconstruction of the facts is decisive.
Request an Evaluation of Your Case
Facing criminal proceedings for improper robbery requires maximum clarity and qualified legal assistance from the very beginning. The choices made in the initial stages of the investigation, including the interrogation, can decisively influence the entire procedural path. If you or a loved one are involved in such a situation, it is essential to act promptly and rely on a competent professional.
Contact the Bianucci Law Firm in Milan to schedule an initial consultation. Avv. Marco Bianucci, as an experienced criminal lawyer, will analyze your situation with the utmost confidentiality and attention. The costs of legal proceedings depend on numerous factors specific to the individual case; during the first meeting, a clear and transparent overview of the expected financial commitment will be provided, illustrating the most appropriate defense strategies to undertake.