The Duty of Protection and the Consequences of Official Inertia

When a person finds the courage to report acts of stalking, mistreatment, or threats, they place their trust and safety in the State. Unfortunately, news reports and judicial experience show us cases where, despite repeated reports and complaints, the responsible authorities do not promptly activate the necessary protective measures, leading to consequences that are sometimes tragic or otherwise severely damaging for the victim. Understanding that you have been left alone by institutions generates a deep sense of frustration, but it is crucial to know that the legal system provides avenues for recourse. As a lawyer specializing in compensation for damages in Milan, Avv. Marco Bianucci addresses these delicate situations to ascertain the responsibilities of the involved administrations.

The Legal Framework: When the State is Liable

The civil liability of the State, and more specifically, of the Ministries to which law enforcement agencies report (Interior, Defense) or the Ministry of Justice, arises when there is a clear violation of the obligations of prevention and protection. Both national jurisprudence and that of the European Court of Human Rights (ECtHR) have established that authorities have a positive obligation to act when they are aware of a real and immediate risk to an individual's life or physical integrity.

If, in response to specific reports, medical records, and requests for help, law enforcement agencies or the judiciary underestimate the danger, fail to conduct prompt investigations, or do not adopt precautionary measures (such as a restraining order), and this inaction results in damage to the victim, a claim for compensation arises. It is not just about punishing the perpetrator of the crime, but about sanctioning the omission of those who had the legal duty to prevent that crime from having further consequences.

The Bianucci Law Firm's Approach to State Liability

Facing a lawsuit against a state administration requires an extremely rigorous procedural strategy. The approach of Avv. Marco Bianucci, a lawyer specializing in compensation for damages in Milan, begins with a meticulous analysis of the chronology of events. The goal is to demonstrate the causal link between the authorities' inaction and the damage suffered by the victim.

The firm operates through precise documentary reconstruction: complaint reports, filing dates, any premature dismissals, and the failure to activate the 'Codice Rosso' (Red Code) procedures are examined. The defense does not merely lament a service failure but aims to prove gross negligence or inexcusable carelessness in the application of the legal safeguards. Avv. Marco Bianucci works to ensure recognition not only of biological damage (physical or psychological injuries) but also of moral and existential damage resulting from the violation of the fundamental rights of the person that the State had a duty to protect.

Frequently Asked Questions

Is it possible to claim compensation if the police did not intervene after my report?

Yes, it is possible to pursue a claim for damages if you can prove that the timely intervention of law enforcement could have prevented the crime or limited its consequences, and that the lack of action resulted from negligence or violation of mandatory protocols.

What types of damages are compensated in these cases?

Generally, compensation is sought for non-pecuniary damages, which include inner suffering (moral damage), psychophysical injuries (biological damage, often linked to post-traumatic stress), and the disruption of life habits (existential damage) caused by feeling defenseless.

Do I have to wait for the stalker's criminal conviction to take action against the State?

Not necessarily. A civil action against the State for failure to protect is independent of the criminal proceedings against the aggressor. However, the evidence gathered in the criminal proceedings is often crucial for proving the dangerousness of the individual that was ignored by the authorities.

What happens if the inaction was due to a magistrate and not the police?

In this case, the law on the civil liability of magistrates (Law Vassalli and subsequent amendments) applies. The procedure is complex and involves an action against the State (Presidency of the Council of Ministers) for denial of justice or serious violation of law in the exercise of judicial functions.

Request a Case Evaluation

If you believe that the authorities did not do everything in their power to protect you or a family member despite the reports filed, it is essential to assess whether the conditions for a claim for damages exist. Contact Avv. Marco Bianucci to analyze the documentation and define the most appropriate strategy. The Bianucci Law Firm receives clients in Milan at via Alberto da Giussano, 26.