In today's digital landscape, evidence of an offense can vanish in seconds with a single click. When you are the victim of crimes such as defamation via the internet, threats via chat, or stalking on social networks, the fear that the perpetrator will erase all traces is a real and pressing concern. As a lawyer specializing in criminal law in Milan, Avv. Marco Bianucci addresses these delicate situations with the awareness that time is a crucial factor in ensuring effective legal protection.
The Legal Value of Digital Evidence
Many people mistakenly believe that a simple screenshot of their smartphone or computer screen is irrefutable proof to attach to a complaint. However, Italian jurisprudence requires particular caution when dealing with digital evidence. Digital evidence is inherently volatile and easily alterable; therefore, to acquire full legal value within criminal proceedings, its acquisition must follow procedures that guarantee its integrity and immutability.
The so-called crystallization of evidence, often carried out through forensic copies that certify the date, time, and authenticity of the content, is a fundamental step. If offensive messages, videos, or posts are removed before certified acquisition, proving the existence of the crime becomes a considerably more complex legal path, although not always impossible thanks to the cross-referencing of testimonies and other circumstantial evidence.
The Bianucci Law Firm's Approach
Faced with the urgency of preserving online content at risk of deletion, the approach of Avv. Marco Bianucci, a criminal lawyer in Milan, focuses on prompt intervention and preventive strategy. The first step involves an immediate analysis of the situation to assess the criminal relevance of the content and the real imminence of the risk of evidence dispersion.
The Bianucci Law Firm guides the client through the necessary operations to secure the incriminating communications or publications, collaborating, where the technical complexity of the case requires it, with forensic IT consultants of proven reliability. Once the evidentiary framework has been solidly secured, Avv. Marco Bianucci proceeds with the accurate drafting of the complaint, presenting the facts to the Judicial Authority in a clear, detailed manner, and supported by all the technical elements necessary to facilitate preliminary investigations.
Frequently Asked Questions
I took a screenshot of an offensive post before it was deleted; is that enough to file a complaint?
A screenshot represents a useful piece of initial evidence and a fundamental starting point for reconstructing the facts. However, since images can be digitally altered, the opposing party could deny their authenticity in court. It is always advisable to proceed with certified forensic acquisition while the content is still online. If the content has already been removed, the screenshot should be supported by further evidence, such as the indication of witnesses who saw the original post.
What should I do if I receive threats on WhatsApp and fear the sender will use the function to delete messages?
The fundamental rule is to never delete the chat from your device and not to block the user immediately before securing the data. It is essential to export the conversation and, above all, to promptly contact a legal professional. Avv. Marco Bianucci can indicate the most correct procedure for extracting data from the mobile device while preserving its evidentiary value for potential legal action.
How much time do I have to report defamation that occurred on social networks?
The deadline for filing a complaint for defamation, as for most crimes requiring a private complaint, is three months. This period does not necessarily start from the day the content was published online, but from the day the victim became aware of it. Given how easily digital content can be removed, it is crucial to act well before this deadline expires to secure the sources of evidence.
Request Prompt Legal Consultation
If your rights have been violated online and you fear that evidence of the crime may be destroyed, do not let precious time slip away. Rapid and targeted legal intervention is the key to building a solid defense strategy. Contact Avv. Marco Bianucci at the Bianucci Law Firm, located in Milan at via Alberto da Giussano, 26, to explain your situation and evaluate the most appropriate actions to take for your criminal protection.