Facing a Prolonged Injury Charge
Facing a charge of personal injury is complex in itself, but the situation becomes even more delicate when the victim's prognosis is unexpectedly prolonged. This scenario can transform an originally minor charge into an offense that can be prosecuted ex officio and punished much more severely. As a criminal lawyer in Milan, Avv. Marco Bianucci fully understands the sense of bewilderment one feels when faced with medical reports that seem to constantly worsen one's legal position. The primary objective in these cases is to thoroughly analyze the clinical documentation to verify the actual link between the prolonged illness and the original event.
The Regulatory Context: From Minor to Serious Injuries
In Italian criminal law, the severity of the crime of personal injury is strictly linked to the duration of the illness or the inability to attend to ordinary occupations suffered by the alleged victim. When the initial prognosis, perhaps of a few days, is extended through subsequent medical certificates, exceeding the threshold of twenty or forty days, the law provides for the application of specific aggravating circumstances. Exceeding forty days, for example, turns the injuries into serious ones, leading to significantly harsher penalties and, above all, ex officio prosecution. This means that criminal proceedings will continue even if the victim decides to withdraw any initial complaint. It is crucial to understand that not every extension of the prognosis is automatically and incontestably linked to the alleged act. Often, in fact, pre-existing factors, latent pathologies, or contributing causes that cannot be attributed to the suspect come into play and must be brought to the Judge's attention.
The Bianucci Law Firm's Approach
Facing a charge aggravated by a prolonged prognosis requires a meticulous and proactive defense strategy. The approach of the Bianucci Law Firm, led by Avv. Marco Bianucci, a criminal lawyer with extensive experience in Milan, is based on extremely rigorous clinical and legal analysis. The first fundamental step is to acquire and carefully examine all medical documentation produced by the victim, without taking anything for granted. Avv. Marco Bianucci works closely with trusted technical consultants and forensic doctors to assess the real causal link between the alleged conduct and the actual prolongation of the illness. The goal is to formally contest the aggravating circumstance if the new medical certificates are found to be generic, unjustified, or clearly related to pathologies entirely unrelated to the original traumatic event. Dismantling the causal link means being able to reclassify the crime into a less serious form, with decisive and positive repercussions on the outcome of the entire criminal proceeding.
Frequently Asked Questions
What happens if the medical prognosis exceeds 40 days?
If the illness or inability to attend to one's occupations exceeds forty days, the crime is legally transformed into serious personal injury. This leads to an increase in the penalty provided by the Penal Code and triggers ex officio prosecution, making it impossible to close the case simply by the victim withdrawing the complaint.
Is it possible to contest the medical certificates presented by the victim?
Absolutely yes, and it is often the core of the defense. The defense has the right to appoint its own medical legal consultant to critically examine the reports and medical records. Very often, through accurate expert reports, it is possible to demonstrate that the prolonged prognosis is due to pre-existing factors or causes not directly related to the episode under trial, thus invalidating the contested aggravating circumstance.
If the victim withdraws the complaint but the prognosis is long, does the criminal trial stop?
It depends on the total duration of the certified prognosis. If the certified days of illness exceed twenty days for negligent injury or forty days for intentional injury, the crime becomes subject to ex officio prosecution. In these specific circumstances, the victim's withdrawal of the complaint does not extinguish the crime, and the criminal proceedings will inevitably continue independently.
Contact Bianucci Law Firm for an Evaluation
When faced with a criminal charge aggravated by prolonged medical certifications, the timing and precision of the defense strategy are fundamental elements for protecting one's freedom and criminal record. As a criminal lawyer in Milan, Avv. Marco Bianucci is available to carefully analyze your case, examine the medical documentation on file, and outline with you the most appropriate legal path. Contact the firm at Via Alberto da Giussano, 26 in Milan to schedule an initial consultation, during which the necessary steps and specific procedural aspects of your situation will be clearly explained.