In the Italian legal landscape, the concept of rights can take various forms and connotations. Two of the most important distinctions are between absolute rights and relative rights. Understanding these differences is crucial not only for criminal lawyers but also for anyone wishing to confidently navigate the complex legal world.
An absolute right is a right that can be asserted against anyone. In other words, these are rights that are not limited to a specific person or group of people, but have general applicability. A typical example of an absolute right is the right to property. This right allows the owner to exercise control over an asset and to exclude anyone else from using that asset.
In the criminal context, an absolute right can be represented by the right to personal freedom. This right, guaranteed by the Italian Constitution, is fundamental and can only be limited in cases expressly provided for by law.
Unlike absolute rights, relative rights are rights that can only be asserted against specific subjects. These rights generally arise from contractual or obligatory relationships. For example, the right to credit is a relative right, in which the creditor can demand performance solely and exclusively from the debtor.
In criminal law, an example of a relative right could be the right of a crime victim to receive compensation from the offender. This right can only be exercised against the person who committed the crime.
The distinction between absolute and relative rights has important practical implications in the work of a criminal lawyer. In criminal defense, it is crucial to recognize whether an injured right is absolute or relative, as this can influence the defense strategy adopted.
For instance, the violation of an absolute right such as personal freedom requires a strong and well-articulated defense to protect the integrity of the affected individual. On the other hand, in the case of relative rights, the focus may be on negotiation and seeking conciliatory solutions.
If you need legal advice on issues related to absolute and relative rights, do not hesitate to contact the Bianucci Law Firm. Our expertise in criminal law allows us to offer you personalized and effective assistance. Trust us for advice that respects your rights and guarantees you an adequate defense.