Understanding Unjust Detention

Suffering a deprivation of personal liberty for a crime one did not commit represents one of the most serious violations of an individual's fundamental rights. The Italian legal system recognizes the profound injustice of such situations and provides a mechanism for financial compensation for those who have suffered unjust detention. Understanding the prerequisites and procedures for obtaining this compensation is the first step to having one's dignity restored, at least in part, and to obtaining redress for the damage suffered. As an experienced lawyer in damages compensation in Milan, Lawyer Marco Bianucci assists people who have lived through this traumatic experience, providing targeted and competent legal assistance.

The Regulatory Framework: When You Are Entitled to Compensation

The right to reparation for unjust detention is sanctioned by articles 314 and 315 of the Code of Criminal Procedure. The law establishes that anyone who has been acquitted with a final judgment for not having committed the act, because the act does not exist, because the act does not constitute a crime, or is not provided for by law as a crime, has the right to fair reparation. This right arises provided that the interested party has not caused or contributed to causing it through malice or gross negligence. It is fundamental to distinguish unjust detention from judicial error: the former concerns pre-trial detention suffered during a trial that concludes with a full acquittal, while the latter refers to an unjust conviction revised at a later time.

The Approach of Bianucci Law Firm

Obtaining fair compensation for unjust detention requires a rigorous analysis of the procedural acts and a deep knowledge of the relevant jurisprudence. The approach of Lawyer Marco Bianucci, an expert in damages compensation in Milan, is based on a precise and personalized strategy, aimed at maximizing the chances of success of the reparation claim. The process begins with a meticulous examination of the acquittal judgment and all documents of the criminal proceedings to verify the existence of all legal prerequisites. Subsequently, the damage is quantified, a complex operation that takes into account not only the duration of the detention but also the personal, family, professional, and reputational consequences suffered. The application, accompanied by all necessary documentation, is then submitted to the competent Court of Appeal, supporting the client's right to full and fair reparation with solid legal arguments.

Frequently Asked Questions

How long do I have to file the compensation claim?

The application for reparation for unjust detention must be submitted, under penalty of inadmissibility, within three years from the day on which the acquittal judgment or the judgment of no case to answer became final. This is a peremptory deadline, after which the right to claim compensation is lost.

How is the amount of compensation for unjust detention calculated?

The law provides for maximum limits for the calculation. The amount is settled by the Court of Appeal on an equitable basis, taking into account the duration of pre-trial detention and the harmful consequences, both pecuniary and non-pecuniary, resulting from the detention. Factors such as loss of employment, damage to reputation, and psychological suffering are considered.

What is meant by malice or gross negligence that excludes compensation?

The right to compensation is excluded if the person contributed to causing their own detention through intentionally deceptive behavior (malice) or with macroscopic and inexcusable negligence (gross negligence). An example could be providing patently false statements to investigators or attempting to tamper with evidence, thereby misleading the judicial authority.

Request an Evaluation of Your Case

The procedure for obtaining reparation for unjust detention is complex and requires specific expertise in the field of criminal procedural law and damages compensation. Facing this path with the support of an experienced lawyer is essential to fully protect one's rights. If you believe you have suffered unjust imprisonment and wish to obtain fair compensation, you can contact the Bianucci Law Firm in Milan for a confidential and in-depth evaluation of your case. Lawyer Marco Bianucci and his team are available to provide clarifications and to assist you at every stage of the procedure.