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Do you think you are subjected to criminal proceedings in Italy and wonder how an expert lawyer for fraud in Italy can help?
Do you want to know when you can get a scam acquittal sentence? Are you investigated or accused of fraud in Italy and want to receive legal advice or assistance?
Don’t you worry.
If you have legal problems in Italy due to the crime of scam, you can contact the Italian Criminal Lawyer H24 who will support you with an expert lawyer specialized in scam and, in general, an expert lawyer in all crimes against property provided for by the criminal code or special legislation.
We did already obtain the acquittal of one of our clients for scam in Italy.
The charge against our client was precisely that of fraud, and with the legal assistance of an Italy scam lawyer we have solved the legal problem of our client.
H24 Line for emergency: +39 338 85 15 424.
Crime of scam: what does the Italian law establish?
In the first place, you should know that the crime of scam is governed by article 640 of the Italian penal code.
Therefore, the following conditions are necessary to configure the crime of scam:
• That the act is carried out with “artifices or deceptions”, therefore it must be a behavior through which the subject victim of the scam creates himself a false representation of reality;
• The victim of the scam must be deceived;
• The person who commits the scam must make unfair gains with consequent harm to another person.
Artifices or deceptions, what does it mean?
The artifices have a direct impact on external reality, making a fact or circumstance that is not reflected in reality appear as true.
With deception, however, it does not interfere with external reality, but with the psyche of the crime victim, who is convinced of facts or circumstances that are not true.
Logically, for the crime of fraud to occur, it is necessary that the artifice or deception is such that it misleads the person offended by the crime.
Deceive the victim
According to the provisions of the law, artifices are not enough for the crime of fraud to exist, it is necessary that the person offended by the crime, by said artifices or deceptions, has been effectively deceived.
It is clear that the main element to assess in the crime of scam is always the aptitude of the behavior to deceive the victim; it is always necessary to check if the victim has been deceived or was aware of something that was happening to his detriment, a circumstance that can certainly be proven in a criminal trial with the help of an Italy scam lawyer.
The last element to take into account is the one related to obtaining an unfair benefit by the author of the scam with the consequent damage to third parties.
Unfair profit and other damages
It is clear that, for the scam to occur, it is necessary that the profit obtained by the author of the scam is unfair and therefore not due.
In this case, it is a very important element in the assessment of the crime of scam because, in the event that the profit obtained is legitimate, but made by artifice or deceit, the crime of scam cannot be considered configured.
In this case, the damage to the injured person must necessarily be of a financial and economic nature and must consist of concrete damage (and not only potential) to the property of the person offended by the crime since, as we have specified above, in the If there is no effective deprivation of an economic asset by the injured party, the crime of scam will not be configured, but the less serious hypothesis of the attempted scam.
It is very important in this case to always evaluate all the above aspects with the help of an expert italy scam lawyer because, in the absence of some of these elements, the crime of scam cannot be considered as existing and, therefore, it must be recognized the innocence of the accused.
Why has our client been acquitted?
In the case we have dealt with, we have shown that:
• there were no artifices or deceptions;
• that the crime of scam could not be attributed to our client.
and for these reasons, the judge issued an acquittal.
Why contact an Italy fraud lawyer?
As you may have understood, the crime of scam in Italy is a particularly complex and delicate matter and requires particular and specific professional skills that not all lawyers have.
In the event that you have been subjected to a criminal trial for the crime of scam, it is always advisable to hire an Italy scam lawyer competent in the matter, who is familiar with the legal issue you are dealing with so that you can immediately ensure the maximum guarantee of the law and the right of defense, organizing the most appropriate defensive strategy for the specific case.