Simple Theft and Prosecutability by Complaint: The Regulatory Framework
Facing a charge of simple theft can cause anxiety and worry, especially due to the consequences a criminal proceeding can have on one's personal and professional life. As a criminal defense lawyer practicing in Milan, I understand how delicate this phase is and how crucial it is to intervene promptly. The crime of theft, governed by Article 624 of the Italian Criminal Code, occurs when someone takes possession of another person's movable property, depriving the rightful owner of it, with the intent of profiting for themselves or others. However, it is essential to understand that recent legislative reforms, particularly the Cartabia Reform, have significantly altered the prosecution regime for this type of offense.
Today, simple theft is punishable almost exclusively by private complaint. This means that, unlike offenses that can be prosecuted ex officio where the State intervenes automatically, simple theft requires a clear expression of will from the victim requesting the punishment of the perpetrator. Without this complaint, validly filed within three months of becoming aware of the act, the criminal proceedings cannot even begin or, if initiated, must be halted. This regulatory change opens up very important defensive avenues, as it shifts the focus from the courtroom alone to the pre-trial phase and the management of relations with the victim, making the lawyer's role even more central in the early resolution of the dispute.
The Defense Strategy of Studio Legale Bianucci
The approach of Avv. Marco Bianucci, an expert criminal lawyer in Milan, focuses on the strategic management of the phase preceding the actual trial. In cases of simple theft, passively waiting for the trial is often a mistake. Our strategy involves an immediate analysis of the case file to verify, first and foremost, the formal validity of the complaint. Subsequently, we assess the possibility of pursuing a path of restorative justice or negotiation with the victim. The primary objective is often to obtain the withdrawal of the complaint: through compensation for damages or restitution, it is possible to reach an agreement that leads the victim to withdraw the accusation, thereby leading to the extinction of the crime without reaching a conviction.
Furthermore, should withdrawal not be feasible, the firm evaluates the applicability of Article 162-ter of the Criminal Code, which provides for the extinction of the crime through reparative conduct. As a criminal defense lawyer with consolidated experience in Milan, Avv. Bianucci assists the client in formulating a genuine and adequate offer of compensation which, if deemed appropriate by the Judge, can close the case even without the explicit acceptance of the victim. This proactive approach not only aims to avoid the most serious criminal consequences, such as a mark on the criminal record, but also drastically reduces the time and stress associated with a lengthy criminal trial. Each case is handled with the utmost confidentiality and with a tailored strategy, designed to best protect the client's future.
Frequently Asked Questions
What happens if the victim decides to withdraw the complaint for theft?
If the victim decides to withdraw the complaint, this is technically called remission of the complaint. If the investigated or accused person accepts this withdrawal, the crime is immediately extinguished. This means that the criminal proceedings close without a conviction and without criminal consequences for the accused, provided that court costs, if applicable, are settled.
How much time does the victim have to file a complaint for simple theft?
The mandatory deadline for filing a complaint is three months from the day the victim became aware of the act constituting the crime. If the complaint is filed after this deadline, it is inadmissible, and the crime is no longer prosecutable. As an expert criminal lawyer, one of the first checks I perform concerns precisely the adherence to these timelines by the prosecution.
Is it possible to avoid trial by paying for the damage caused by the theft?
Yes, it is possible through the institute of reparative conduct provided for by art. 162-ter of the Criminal Code. If the defendant fully repairs the damage, through restitution or compensation, and does so before the opening of the trial, the Judge may declare the crime extinguished. This is possible even if the victim refuses the offer, provided the Judge deems it adequate.