What are obstructive crimes?

In the context of Italian criminal law, obstructive crimes play a particularly significant role. These crimes, identified by current legislation, limit or prevent access to prison benefits and alternative measures to detention for convicted individuals. Criminal lawyers must have a thorough understanding of these crimes to provide adequate defense for their clients.

The legislation on obstructive crimes

Obstructive crimes are primarily governed by Article 4-bis of the Penitentiary System (Law No. 354 of July 26, 1975). This provision lists a series of crimes for which a more stringent treatment is expected for inmates, limiting access to alternative measures such as semi-liberty, house arrest, and probation with social services.

List of the main obstructive crimes

Among the most relevant obstructive crimes are:

  • Mafia and mafia-type criminal association (art. 416-bis c.p.)
  • terrorism and subversion of the democratic order
  • Kidnapping for extortion purposes
  • Drug trafficking
  • Human trafficking
  • Murder and particularly serious crimes

It is important to emphasize that the list may be subject to legislative changes; therefore, it is essential for a criminal lawyer to stay updated on regulatory developments.

Practical implications of obstructive crimes

Obstructive crimes have a significant impact on the prison regime of inmates. Criminal lawyers must carefully consider these implications when preparing their clients' defense. The presence of an obstructive crime entails restrictions ranging from the inability to access reward permits, to the suspension of the possibility of external work, and even to the restriction of other alternative measures to detention.

How to address a conviction for obstructive crimes

For those accused or convicted of obstructive crimes, it is essential to rely on an experienced criminal lawyer. The complexity of the matter requires a well-structured defense based on a deep understanding of current regulations. In addition to the defense in court, it is crucial to prepare a rehabilitation and reintegration plan that can demonstrate the convicted person's genuine remorse.

Conclusions

Obstructive crimes represent a complex and delicate aspect of Italian criminal law. If you need legal assistance on this issue, do not hesitate to contact the Bianucci Law Firm. Our criminal lawyers are at your disposal to offer you personalized advice and guide you through the entire legal process, ensuring you the best possible defense.

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