Receiving the news that one's child is under investigation for a crime is one of the most difficult and distressing moments for a family. The fear of legal consequences and the impact a judicial proceeding could have on the young person's future is absolutely understandable. As a criminal defense lawyer practicing in Milan, I deeply understand the sensitivity of these situations, which require not only technical expertise but also strong human empathy. The criminal proceedings against minors are not a mere scaled-down replica of those for adults, but an autonomous system with its own rules and objectives, primarily aimed at the educational recovery of the young person rather than mere punishment.
The Specificity of Juvenile Criminal Proceedings
Juvenile criminal law in Italy is governed by specific legislation that places the minor's personality at its core. The fundamental objective of the legislator and the Juvenile Court is not exclusively punitive, but educational and rehabilitative. This means that, during the proceedings, the focus is on the possibility of the young person's recovery and social reintegration, seeking to avoid, where possible, the trauma of detention and the stigma of a final conviction. Tools such as judicial pardon, irrelevance of the act, and suspension of proceedings with probation are key institutions that an expert lawyer in juvenile criminal law must know thoroughly to build an effective defense strategy.
The Role of Technical and Psychological Defense
The defense of a minor requires a multidisciplinary approach. It's not just about analyzing the criminal facts, but about understanding the family, social, and psychological context in which the minor lives. The law provides that affective and psychological assistance must be guaranteed at every stage and level of the proceedings, ensuring the presence of parents or other suitable figures. However, the complexity of preliminary investigations and hearings requires firm and competent legal guidance to navigate interactions with juvenile social services and the judicial authority, ensuring that the minor's rights are always protected to the fullest extent.
Studio Legale Bianucci's Approach to the Defense of Minors
At Studio Legale Bianucci, we handle juvenile criminal law cases with a strategy aimed at protecting the future of the young person we represent. Avv. Marco Bianucci, an expert criminal defense lawyer in Milan, works to transform a judicial incident into an opportunity for growth and accountability, while minimizing the negative consequences on the minor's criminal record and future life. Our methodology involves a rigorous analysis of procedural documents combined with constant dialogue with the family and social services, when involved.
The primary objective of Avv. Marco Bianucci is to identify the most favorable procedural solution, carefully evaluating the opportunity to request beneficial measures such as probation. If granted, this measure allows for the suspension of proceedings and the undertaking of social and educational activities; upon successful completion of this path, the crime is declared extinguished, thus safeguarding the minor's criminal record. Technical defense is exercised with the utmost discretion and professionalism, aware that what is at stake is not just a sentence, but an adolescent's life path.
Frequently Asked Questions
What are the consequences if a minor commits a crime?
The consequences depend on the severity of the crime and the minor's personality. The juvenile criminal justice system provides for various ways out that avoid prison, such as judicial pardon (for minor offenses and if it is presumed that the young person will not commit further crimes) or probation. In more serious cases, precautionary measures are provided, which can range from specific requirements to house arrest, to placement in a community, or, as a last resort, in a Juvenile Detention Center.
What is probation for minors?
Probation is one of the most important tools in juvenile proceedings. It allows the judge to suspend the proceedings for a determined period, during which the minor is entrusted to social services to carry out activities of social utility, study, or work. If the program concludes successfully, the judge declares the crime extinguished. It is a solution that Avv. Marco Bianucci often considers to avoid a criminal conviction.
Are parents responsible for crimes committed by their minor children?
From a criminal law perspective, responsibility is personal, so parents are not criminally liable for the crime committed by their child (provided they are over 14 years old, the age at which criminal responsibility is acquired). However, parents may be held civilly liable for damages caused by the minor, by virtue of their parental responsibility and their obligation to educate and supervise.
At what age does a minor become criminally responsible?
In Italy, a minor under 14 years of age is not criminally responsible, meaning they cannot be subjected to criminal proceedings or convicted, although they may be subject to security measures if deemed socially dangerous. Minors between 14 and 18 years of age are criminally responsible if it is proven that, at the time of the act, they had the capacity to understand and to will.
Request a Case Evaluation
If your child is involved in criminal proceedings, it is crucial to act promptly to protect their rights and future. Contact Studio Legale Bianucci to schedule an appointment at our Milan office located at Via Alberto da Giussano, 26. Avv. Marco Bianucci, thanks to his extensive experience in criminal law, will analyze the situation with the utmost confidentiality to define the most appropriate defense strategy for the specific case.