The crime of inducing not to make statements or to make false statements

Receiving a notice of investigation or being investigated for attempting to influence a witness or an informed person represents a moment of extreme procedural delicacy. Our legal system severely punishes anyone who tries to tamper with evidence or obstruct the course of justice. As a criminal lawyer in Milan, I perfectly understand the state of anxiety that arises from an accusation of this type, which often stems from misinterpreted or decontextualized telephone or environmental wiretaps.

Article 377-bis of the Criminal Code specifically governs the crime of inducing not to make statements or to make false statements to the judicial authority. This provision aims to protect the genuineness of preliminary investigations and the correctness of the Public Prosecutor's activity. The punishable conduct occurs when a person, through violence, threat, or offering money (or other benefits), tries to persuade someone who has the right not to answer to remain silent or to lie before the judicial authority. It is fundamental to understand that the crime is consummated at the very moment the illicit persuasive conduct is carried out, regardless of whether the recipient agrees to lie or remain silent.

The defense strategy of Studio Legale Bianucci

Facing an accusation pursuant to art. 377-bis requires in-depth knowledge not only of substantive law but also of investigative dynamics. The approach of Avv. Marco Bianucci, an expert criminal lawyer in Milan, is based on a rigorous analysis of the evidentiary material. Often, in fact, the line between legitimate defense advice and illicit inducement may appear thin to investigators, but it is clear from a legal perspective.

The defense focuses on verifying the existence of the constituent elements of the crime. It is necessary to demonstrate, for example, the absence of violence or threat, or to contextualize intercepted conversations to prove that there was no offer of money aimed at corrupting the procedural truth. The objective is to dismantle the prosecution's hypothesis by demonstrating that the contacts with the informed person were not illicit or coercive in nature. In many cases, what is interpreted as undue pressure is actually a legitimate discussion of the facts under investigation. The technical expertise of Avv. Marco Bianucci is aimed at ensuring that every nuance is valued to protect the client's position.

Frequently Asked Questions

What is the penalty for inducing not to make statements?

The criminal code provides for severe penalties for this crime. The established penalty is imprisonment from two to six years. However, the law provides that the sentence cannot exceed that provided for the main crime that was the subject of the proceeding in which interference was attempted. This means that the severity of the sanction is partly calibrated to the judicial context in which the conduct occurs.

What happens if the person convinced to lie accepts the offer?

If the inducement is successful and the person called upon to make statements accepts the offer or succumbs to the threat, actually lying to the Public Prosecutor, the legal situation worsens. In this case, in addition to the crime of inducement, further criminal offenses may be constituted, such as aiding and abetting or false information to the Public Prosecutor, also involving the person who made the false statements. It is essential to intervene promptly with a criminal lawyer to manage these complexities.

Is it a crime to advise someone to exercise their right to remain silent?

This is one of the most delicate issues. In itself, informing a person of their constitutional right to exercise the faculty of not answering does not constitute a crime, provided that such advice is not accompanied by threats, violence, or promises of money. However, the dividing line is thin, and the circumstances in which such advice is given are decisive. Effective defense must demonstrate the absence of any coercive or corruptive methods.

Does the crime occur even if the offer of money is refused?

Yes, the crime under art. 377-bis is a pure conduct crime. This means that the offense is perfected at the moment the offer is made or the threat is exercised, regardless of the outcome. Even if the recipient refuses the offer or decides to tell the truth to the Public Prosecutor anyway, the person who attempted the inducement is punishable for the mere fact of having tried.

Request a legal consultation in Milan

If you are involved in criminal proceedings concerning inducement not to make statements or fear being investigated for crimes against the administration of justice, it is crucial not to act impulsively. Every subsequent word or action could compromise your position. We invite you to contact Avv. Marco Bianucci at the Milan office at Via Alberto da Giussano, 26, for a preliminary and confidential assessment of your case. Together, we will build the most suitable defense strategy for your specific situation.