Receiving notification of the commencement of proceedings for the application of a personal preventive measure is a moment of profound concern. The prospect of suffering significant limitations to one's freedom of movement and association, even before or independently of a criminal conviction, inevitably generates a strong sense of disorientation. As a criminal lawyer in Milan, Avv. Marco Bianucci perfectly understands the delicacy of these situations and the urgency of developing a solid and timely defense strategy. The primary objective is always to protect the fundamental rights of the individual, analyzing with extreme rigor the prerequisites that the authority deems to exist to justify such restrictions.
The Regulatory Framework for Preventive Measures
Personal preventive measures, governed by the so-called Anti-Mafia Code (Legislative Decree 159/2011), are measures that restrict personal freedom and do not result from the commission of a crime ascertained by a final judgment. Instead, they are based on a judgment of the subject's social dangerousness, based on factual elements that lead the authority to believe that future offenses are likely. Among the most well-known and incisive measures are the oral warning, the mandatory expulsion order, and, above all, special public security surveillance, which can be aggravated by the obligation or prohibition of residence in certain municipalities.
It is crucial to understand that the proceedings for the application of these measures are preventive and not punitive in nature, but their consequences heavily impact the individual's daily, work, and family life. The assessment of social dangerousness must be based on objective, current, and concrete elements, and cannot be based on mere suspicions or on conduct that occurred long ago. It is precisely on this need for concreteness and timeliness that the most important battle in defense is often fought, requiring a meticulous analysis of the case file and the evidence presented by the prosecution to avoid unjustified restrictions.
The Approach of the Bianucci Law Firm
Addressing preventive proceedings requires a deep understanding of the specific procedural dynamics of this delicate sector. The approach of Avv. Marco Bianucci, an expert criminal lawyer in Milan, focuses on a rigorous and precise challenge of the elements presented to support the alleged social dangerousness. The defense work always begins with an in-depth study of the documents to identify any investigative deficiencies, temporal inconsistencies, or assessments based on prejudice rather than objectively relevant and current facts.
The Bianucci Law Firm is committed to building a solid counter-narrative, collecting and presenting documentation that attests to the client's real life path, their stable work and social integration, and the absence of symptomatic elements of a genuine propensity to commit crimes. Each strategy is tailored to the individual case, assessing the opportunity to submit detailed defense briefs, request specific hearings, or appeal the measures already issued before the competent authorities, such as the Court of Appeal or the Supreme Court of Cassation, with the sole aim of preserving the freedom and dignity of the person involved in the proceedings.
Frequently Asked Questions
What is special surveillance and what limitations does it impose?
Special surveillance is one of the most restrictive personal preventive measures provided for by our legal system. It is applied by the Court and imposes a series of severe prescriptions on the subject, such as the obligation to return home by a certain evening hour, the prohibition of frequenting certain places or individuals with criminal records, and the obligation to report periodically to the public security authority. If accompanied by a residence obligation, it also prevents the individual from leaving their municipality of residence without prior specific authorization from the judge.
Is it possible to defend oneself or appeal against these measures?
Absolutely yes, the right to defense is always guaranteed. Against the proposal to apply a preventive measure, there is an adversarial proceeding before the Court, during which it is essential to be assisted to dismantle the prosecution's arguments and demonstrate the absence of dangerousness. If the measure is nevertheless applied in the first instance, it is possible to appeal to the Court of Appeal and, subsequently, on grounds of law, to the Supreme Court of Cassation. Furthermore, if the subject's living conditions improve over time, it is possible to request the early revocation of the restrictive measure.
What happens if the prescriptions of special surveillance are violated?
Violation of the prescriptions imposed by the special surveillance decree constitutes an autonomous and very serious crime, severely punished by imprisonment. For this reason, it is of vital importance to understand exactly the limits imposed by the measure from the very first moment. In case of work, family, or health needs that require unavoidable derogations from the prescriptions, it is essential to act promptly through one's lawyer to request and obtain the necessary formal authorizations from the competent judge, thus avoiding new criminal charges.
Case Assessment and Protection of Rights
Facing the threat or application of a personal preventive measure requires clarity, attention to detail, and timely legal support. As an expert criminal lawyer, Avv. Marco Bianucci is available to analyze your specific situation in detail, carefully assessing the prerequisites of the proceedings against you and identifying the best defense strategies to protect your personal, family, and professional freedom.
The costs of legal proceedings depend on numerous factors specific to the individual case, including the complexity of the documents to be examined, the stage of the proceedings, and the need to conduct targeted defense investigations. During the initial consultation at the Milan office at Via Alberto da Giussano 26, Avv. Marco Bianucci will analyze the situation and provide a clear and transparent overview of the strategic and financial commitment involved. Contact the Bianucci Law Firm to schedule a meeting and begin building your defense with professionalism and rigor.