Procedural Fraud: A Complete Guide

Procedural fraud represents a particular form of criminal offense, governed by Article 374 of the Italian Penal Code. Unlike other categories of fraud, this type occurs within the judicial context, directly influencing the regular conduct of trials.

What is Procedural Fraud?

Procedural fraud occurs when an individual alters or manipulates evidence, testimonies, or documents during a judicial proceeding, in order to obtain an unfair advantage or to cause harm to one of the parties involved. This type of crime not only undermines justice but can also have significant consequences on the lives of the people involved.

Regulation of Article 374 of the Penal Code

Article 374 of the Penal Code establishes that anyone who, with deceit and fraud, alters the course of justice risks severe criminal consequences. The provision aims to protect the integrity of the judicial system, ensuring that trials are conducted fairly and transparently.

Constitutive Elements of the Crime

  • Deceptive Conduct: The action must include deceit or fraud aimed at influencing a judicial proceeding.
  • Purpose of Advantage: The perpetrator must aim to obtain an unfair advantage or to cause harm.
  • Judicial Proceeding: The crime is constituted only within a procedural context.
"Justice is the rule of the game, and procedural fraud is an offense to its core." - Attorney Marco Bianucci

Legal Implications and Consequences

Committing procedural fraud can lead to severe penalties, including imprisonment. Furthermore, the consequences can extend beyond the legal sphere, compromising the reputation and personal relationships of the individual involved.

How to Protect Yourself and Act

If you suspect you are a victim of procedural fraud or wish to prevent such situations, it is essential to rely on experienced professionals in the legal field. The team at the Bianucci Law Firm is at your disposal to provide you with high-level legal advice and representation.

Do not hesitate to contact us to discuss your case. Our experience and dedication are at your service to ensure that justice prevails.

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