Legal Assistance for Accusations of Abandonment of an Incapacitated Person in Milan

Facing criminal proceedings for the offense of abandoning minors or incapacitated persons is a moment of extreme delicacy and concern for anyone involved. The accusation, governed by Article 591 of the Italian Penal Code, touches deeply personal and family spheres, requiring not only rigorous technical defense but also a human understanding of the matter. As an attorney specializing in criminal law in Milan, Avv. Marco Bianucci is aware of the implications such charges can have on the private and professional life of the client. The Bianucci Law Firm serves as a reference point for those needing a clear defense strategy, aimed at bringing forth the truth of the facts and protecting the rights of the suspect or the accused, in full respect of procedural guarantees.

The Offense of Abandoning an Incapacitated Person: What the Law Provides

The offense of abandoning minors or incapacitated persons is provided for by Article 591 of the Italian Penal Code and punishes anyone who abandons a person under the age of fourteen, or a person incapable, due to mental or physical illness, old age, or any other cause, of providing for themselves, and for whom they have custody or are responsible for care. The norm protects the legal interest of the life and individual safety of subjects who, due to their condition, are unable to defend or care for themselves independently. It is fundamental to understand that the concept of abandonment does not necessarily imply permanent physical removal, but occurs whenever the guarantor voluntarily evades their obligations of assistance and supervision, exposing the victim to a danger, even if only potential, to their safety. The law provides for severe penalties, which can be increased if the act results in personal injury or the death of the abandoned person. The complexity of this offense often lies in defining the scope of 'custody' and 'care,' elements that require in-depth legal analysis.

The Bianucci Law Firm's Approach to Criminal Defense

The approach of Avv. Marco Bianucci, an attorney specializing in criminal law in Milan, is based on a meticulous examination of every single piece of evidence. In cases of alleged abandonment of an incapacitated person, the defense strategy cannot ignore a precise reconstruction of the context in which the events occurred. The firm focuses on analyzing the existence of the psychological element of the offense, i.e., intent, verifying whether there was a real intention to abandon the subject or if the event is attributable to force majeure, an error, or a temporary inability to provide assistance not attributable to the client. Furthermore, the actual existence of a legally relevant duty of care on the part of the suspect is carefully evaluated. Thanks to the consolidated experience gained in courtrooms, Avv. Marco Bianucci develops personalized defense strategies, utilizing, where necessary, technical consultants to assess the psychophysical conditions of the victim and the real extent of the danger incurred. The goal is to ensure a solid and well-argued defense, aimed at demonstrating the non-existence of the offense or mitigating the charges brought by the Public Prosecutor's Office.

Frequently Asked Questions

When exactly does the offense of abandoning an incapacitated person occur?

The offense occurs when a person who has the legal obligation of custody or care for an incapacitated person (due to age, illness, or old age) leaves them to their own devices or to unsuitable third parties, exposing them to a danger to their safety. It is not necessary for actual harm to occur; it is sufficient that the act of abandonment has created a situation of concrete danger for the vulnerable person.

What are the risks for someone accused of this offense?

The penalties provided by Article 591 of the Italian Penal Code are severe and vary based on the consequences of the conduct. The base penalty is imprisonment from six months to five years. However, if personal injury results from the act, the penalty is increased; if death results, imprisonment can reach a considerable maximum. It is essential to consult an attorney specializing in criminal law to understand the specific risks related to your case.

Can the offense also be committed by a caregiver or within a nursing home (RSA)?

Yes, the offense can be committed by anyone who has assumed, even temporarily or by contract, the obligation of custody and care for an incapacitated person. This includes family members, caregivers, nurses, and staff of healthcare or assistance facilities (RSAs). In these contexts, Avv. Marco Bianucci often examines internal protocols and delegation of responsibilities to ascertain the actual imputability of the conduct.

Must the abandonment be permanent to be punishable?

No, jurisprudence has clarified that abandonment does not necessarily have to be permanent. Even temporary abandonment can constitute the offense if its duration is such as to expose the incapacitated person to a danger to their safety. The assessment of duration and context is one of the central aspects on which the defense works to contest the existence of concrete danger.

Request a Legal Consultation in Milan

If you are involved in an investigation for abandonment of an incapacitated person or fear that your conduct may be subject to criminal evaluation, it is crucial to act promptly. Avv. Marco Bianucci is available for a confidential consultation at his office in Milan, at via Alberto da Giussano 26. During the meeting, your situation will be analyzed, and the most effective strategy will be outlined to protect your freedom and reputation. Do not let uncertainty compromise your defense; entrust yourself to an experienced professional to manage the situation with competence and determination.