Criminal Defense for Misuse of Payment Instruments
Receiving a charge for the unauthorized use of a credit card, or finding yourself involved in investigations concerning the cloning of payment instruments, inevitably generates concern and uncertainty about your future. These are crimes that the legislator punishes severely, precisely to protect the security of economic transactions and trust in the banking system. As a criminal lawyer in Milan, lawyer Marco Bianucci perfectly understands the delicacy of the situation and the importance of acting promptly to clarify one's procedural position.
Handling these accusations requires not only a thorough knowledge of the penal code but also specific expertise in analyzing technical evidence, often of an IT or documentary nature. Entrusting yourself to the Bianucci Law Firm means being able to rely on a structured defense, aimed at examining every detail of the case to protect the rights of the suspect or defendant before the judicial authority.
The Crime of Undue Use and Forgery of Credit Cards
The relevant legislation for these offenses is contained in Article 493-ter of the Penal Code (previously Article 55 of Legislative Decree 231/2007). The law punishes anyone who, in order to derive profit for themselves or others, unduly uses, not being the holder, credit or payment cards, or any other document that enables cash withdrawals or the purchase of goods or services. The norm also sanctions those who forge or alter such instruments, or who possess, transfer, or accept them knowing they are of illicit origin.
It is crucial to understand that the crime is consummated not only at the moment of the actual withdrawal or payment but also through the mere possession of counterfeit or stolen cards with the intent to use them. Often, these conducts are intertwined with other criminal offenses, such as receiving stolen goods or computer fraud, making the accusatory framework complex. An expert lawyer in criminal law must be able to untangle these legal knots, assessing whether there was actual knowledge (intent) on the part of the client or if, as happens in some cases, the suspect was himself a victim of deception or identity theft.
The Bianucci Law Firm's Approach to Financial Crimes
The approach of lawyer Marco Bianucci, an expert lawyer in crimes against property and public faith in Milan, is based on a rigorous analysis of the evidence. In cases of alleged cloning or undue use, the defense is not limited to a simple denial of the facts but proceeds through precise technical verification. This may include examining bank statements, checking cell phone towers to place the suspect in a different location at the time of the transaction, or analyzing surveillance footage from ATMs or commercial establishments.
The Bianucci Law Firm also carefully evaluates the subjective element of the crime. In many circumstances, the use of the card may have occurred in good faith, perhaps under the mistaken belief of having the owner's authorization, or the suspect may be entirely unrelated to the technical cloning of the instrument. The defense strategy is tailored to the specific case, with the aim of demonstrating non-involvement in the facts or downplaying the charges, aiming, where possible, for acquittal or resolution of the proceedings with the most favorable alternative procedures.
Frequently Asked Questions
What are the risks if I use a credit card found on the ground?
Using a credit card lost by someone else constitutes the crime of undue use provided for by art. 493-ter of the Italian Penal Code. It is not a simple theft or misappropriation of lost property, but a specific crime punished more severely, with imprisonment from one to five years and a fine. Even a single use for a modest amount triggers the crime, as the protected legal interest is the security of legal transactions and not just the owner's assets.
What is the difference between computer fraud and undue use of a credit card?
Although often connected, they are distinct crimes. Undue use concerns the physical or virtual use of the payment instrument by someone who is not the holder. Computer fraud (art. 640-ter of the Italian Penal Code), on the other hand, involves altering a computer system or unauthorized intervention on data, information, or programs to obtain an unjust profit. A criminal lawyer will assess which offense has been charged to develop the most correct defense, as they are often charged concurrently.
If I return the money spent, does the crime cease to exist?
Compensation for damages does not automatically extinguish the crime, as undue use is prosecuted ex officio and protects public trust as well as private assets. However, full restitution of sums and compensation for damages are evaluated very positively in the proceedings. Lawyer Marco Bianucci can use this reparative conduct to negotiate significant mitigating circumstances or to access alternative procedures that can reduce the penalty or, in certain specific cases, lead to the extinction of the crime for reparative conduct where applicable.
What should I do if I receive a notice of investigation for card cloning?
It is essential to remain calm and not make impulsive statements to the authorities without your defense counsel present. The first step should be to contact a lawyer experienced in the matter. It will be necessary to obtain copies of the investigation documents to understand what evidence the accusation is based on (interceptions, IP tracking, testimonies) and to immediately prepare a defense strategy. Time is a crucial factor in preserving exculpatory evidence.
Request a Legal Consultation in Milan
If you are under investigation for the undue use of credit cards or for crimes related to the cloning of payment instruments, it is essential to act with speed and expertise. Lawyer Marco Bianucci is available to analyze your position and define the best defense strategy.
Contact the Bianucci Law Firm at its Milan office at Via Alberto da Giussano, 26, to schedule an appointment and protect your rights with professionalism and confidentiality.