Facing criminal proceedings for property crimes is a moment of great stress and uncertainty for the suspect. Understanding the exact nature of the accusation is the first fundamental step in building an effective defense. As a criminal lawyer in Milan, Avv. Marco Bianucci regularly assists clients accused of theft, guiding them through the complexities of the penal code and the nuances that distinguish various types of offenses. The distinction between simple theft and theft aggravated by dexterity is not merely academic but carries substantial consequences for prosecutability and the severity of the penalty.

The crime of theft: differences between simple and aggravated offenses

The Italian Penal Code, in Article 624, punishes anyone who takes possession of another's movable property, removing it from whoever possesses it, with the aim of profiting for themselves or others. However, the severity of the conduct and the consequent sanctioning response vary significantly in the presence of aggravating circumstances. One of the most common is dexterity, provided for by Article 625, number 4 of the Penal Code.

Theft with dexterity occurs when the perpetrator acts with particular physical skill or cunning such as to evade the victim's normal vigilance over the property. Typical examples include pickpocketing on public transport or the theft of goods by taking advantage of a moment of distraction deliberately caused. The legal difference is crucial. While simple theft is punishable upon complaint by the injured party (with exceptions), theft aggravated by dexterity is prosecuted ex officio. This means that the criminal proceedings continue regardless of the victim's willingness to withdraw the complaint, exposing the defendant to more severe prison sentences, which can reach up to six years of imprisonment.

The defense strategy of Studio Legale Bianucci

The approach of Avv. Marco Bianucci, an expert criminal lawyer in Milan, is based on a meticulous analysis of the evidence. Not every rapid taking constitutes dexterity. Case law has clarified that the victim's simple inattention, not provoked by the perpetrator, may not be sufficient to constitute the aggravating circumstance. The firm's primary objective is often to obtain the reclassification of the act (derubrication) from aggravated theft to simple theft.

Through the examination of surveillance cameras, testimonies, and police reports, Studio Legale Bianucci works to demonstrate the absence of that particular criminal skill required by the law for the aggravating circumstance. If the judge accepts the defense's argument and reclassifies the crime as simple theft, and if in the meantime compensation for damages has been made with the withdrawal of the complaint by the victim, it is possible to obtain a judgment of "non doversi procedere" (no need to proceed), closing the case without criminal convictions. Each case is handled with the utmost confidentiality and with a personalized strategy aimed at minimizing the impact on the client's life.

Frequently Asked Questions

What is the penalty for theft with dexterity?

The penal code provides for theft aggravated by dexterity a sentence of imprisonment from two to six years and a fine from 927 to 1,500 euros. These are decidedly harsher sanctions compared to simple theft, which is why technical defense is essential from the very first stages of the investigation.

Is it possible to avoid trial if the victim withdraws the complaint?

In the case of theft with dexterity, since the crime is prosecuted ex officio, the withdrawal of the complaint (remission) does not automatically extinguish the crime. However, if the defense manages to remove the aggravating circumstance of dexterity, the crime becomes prosecutable again upon complaint, and in that case, the remission would lead to the extinction of the crime.

What exactly is meant by dexterity in a legal context?

Dexterity is not simple speed. Legally, it implies conduct characterized by particular agility, swiftness, or cunning, capable of surprising the victim's vigilance. If the taking occurs simply because the victim left the property unattended, the aggravating circumstance may not exist.

What happens if it's my first theft charge?

If you have no prior convictions, the legal system provides for institutes that can avoid imprisonment, such as the conditional suspension of the sentence, if the conviction falls within certain time limits (usually two years). Avv. Marco Bianucci will evaluate all options, including the "messa alla prova" (probationary measure), to ensure the best possible outcome.

Request a legal consultation in Milan

If you are under investigation for theft or have received a notice of investigation, it is essential to act promptly. Contact Avv. Marco Bianucci for an evaluation of your case at the office located at Via Alberto da Giussano, 26 in Milan. Competent defense can make the difference between a conviction and acquittal or a reduced sentence.