Criminal Liability in Professional Practice
Facing criminal proceedings arising from the exercise of one's professional activity is one of the most complex and destabilizing experiences for a professional. Whether an architect, an engineer, or a doctor, the accusation of having caused damage, or in more serious cases, injury or death to a person, due to alleged negligent conduct, requires immediate and structured technical defense. As a criminal lawyer in Milan, I deeply understand the legal, as well as reputational and personal, implications that such accusations entail for the professional.
The Concept of Negligence in Article 43 of the Penal Code
The core of a professional's criminal liability lies in Article 43 of the Penal Code, which defines a crime as 'negligent' (or against intention) when the event, even if foreseen, is not desired by the agent. The law identifies three specific forms of general negligence that can lead to a conviction:
The first is negligence, understood as carelessness or lack of attention in performing an act. The second is recklessness, which occurs when the professional acts without due caution or with rashness. The third, and perhaps the most relevant in a technical context, is lack of skill, meaning insufficient professional preparation or the absence of the technical skills necessary to perform a specific service.
Alongside these, there is specific negligence, which arises from the violation of laws, regulations, orders, or disciplines. In cases of workplace accidents or building collapses, for example, the violation of safety regulations is often the cornerstone of the accusation.
The Defensive Approach of Studio Legale Bianucci
The defense of a professional accused of negligent crimes requires a strategy that goes beyond mere knowledge of the penal code; it necessitates a technical understanding of the client's field. The approach of Avv. Marco Bianucci, an expert criminal lawyer in Milan, is based on a rigorous analysis of the causal link. It is not enough for negligent conduct and a harmful event to have occurred: the prosecution must prove beyond a reasonable doubt that the event was caused *exclusively* by that conduct.
In our office at via Alberto da Giussano, we work closely with independent technical consultants (engineers, experts, forensic doctors) to dismantle the prosecution's arguments. Often, the harmful event may be attributable to external factors, fortuity, or the conduct of the victim themselves, thereby breaking the causal link and exonerating the professional. Our strategy aims to demonstrate that the client acted in compliance with the leges artis, meaning the best practices and guidelines of the relevant sector.
Frequently Asked Questions
What is the difference between intent (dolo) and negligence (colpa) in a professional context?
The fundamental difference lies in intent. In cases of intent (dolo), the subject acts with the intention of causing harm. In professional negligence (colpa), however, the harm occurs due to negligence, recklessness, or lack of skill, but without the professional having intended it. Criminal defense often aims to demonstrate the absence of intent and, subsequently, the absence of violation of cautionary rules.
What are the risks for an architect or engineer in case of a construction site accident?
If a construction site accident causes injury or death to a worker, professionals responsible for safety or site management may be investigated for negligent injury or negligent homicide. Penalties vary based on the severity of the damage and the degree of proven negligence, but timely defense is crucial to clarify delegations and actual responsibilities.
What is conscious negligence?
Conscious negligence (or negligence with foresight) occurs when the professional foresees that their conduct could cause a harmful event but proceeds anyway with the belief that such an event will not occur. It is an aggravating factor compared to simple negligence and carries more severe penalties, bordering on eventual intent.
How much time do I have to appoint a lawyer if I receive a notice of investigation?
It is essential to appoint a trusted lawyer as soon as you become aware of the proceedings, usually through the notice of investigation. Waiting can jeopardize the possibility of conducting defense investigations or participating in unrepeatable acts (such as urgent technical assessments) that could be decisive for the outcome of the trial.
Request a Case Evaluation
If you are a professional involved in criminal proceedings for alleged professional negligence, promptness is your best ally. Avv. Marco Bianucci, with his extensive experience in criminal defense in Milan, is ready to analyze your position and build a solid defense strategy. Contact Studio Legale Bianucci to schedule an appointment at our office.