Italy is one of the most popular and beloved tourist destinations in the world but even during a dream vacation, unpleasant episodes can occur, such as physical, verbal or even psychological assault.
For a foreign citizen, experiencing an assault in another country, the effect can be traumatic, not only personally, also due to having to navigate the complexities of the Italian legal system and understand how the law can be activated in these circumstances. Understanding your rights, knowing the procedures as well as being aware of who you should contact in the event of an assault, becomes essential in order for the appropriate authorities to respond promptly and obtain justice.
The assistance of a law firm with multi-lingual lawyers experienced in criminal and international law can make a significant difference from the very first hours after the incident.
Definition of Assault and Related Crimes in Italy
Under Italian criminal law, the term "assault" is not defined as a standalone crime, but rather it falls under several specific legal categories:
- Personal injury (Art. 582 Penal Code): applies when the assault results in any harm to the victim's health, even if minor.
- Battery (Art. 581 Penal Code): involves physical violence that does not cause major illness or injury.
- Threats (Art. 612 Penal Code): when the attacker causes the
victim to fear potential future harm.
Attempted murder (Arts. 56 and 575 Penal Code): in the most serious cases, where the intent is to kill.
Each type of offence carries defined legal consequences and different options for the victim's legal defence. Italian law provides equal protection to both Italian and foreign citizens. Anyone who suffers a crime can contact the authorities, access the police and take advantage of the available legal safeguards.
Legal Protection and Compensation
In addition to criminal proceedings, a victim of assault has the right to seek civil compensation for damages. These may include:
- Biological damage: documented physical or psychological injuries.
- Moral damage: emotional suffering, anxiety, fear, and distress.
- Economic damage: medical, travel, or pharmaceutical expenses, as well as loss of income.
In cases where the attacker is unknown or cannot be located, the Italian State provides a fund for victims of intentional violent crimes, which can be accessed through a formal application. A criminal lawyer can assist foreign nationals in preparing the necessary documents, as well as providing legal representation in court.
The Role of our Criminal Lawyers
A victim of assault can rely on Giambrone & Partners, an international law firm, to provide essential support for foreign citizens who become victims of assault in Italy. Our team:
- Speaks fluent English, French, Spanish, Arabic, and Portuguese.
- Provides immediate legal assistance, even remotely.
- Manages both criminal and civil matters, particularly complex cases, applying a multi-disciplinary approach.
- We work closely with consulates, interpreters, law enforcement, and medical experts.
Our offices in both in Italy and across Europe and North Africa, enabling Giambrone & Partners to ensure legal continuity even after the victim returns to their home country, facilitating communication and integrated case management.
Prevention and Immediate Support
In the event of an assault, it's important to:
- Call 112, the European emergency number.
- Go to a hospital for medical reports and documentation, crucial for legal action.
- Obtain witness statements and save digital evidence (chats, videos, messages).
- Avoid handling the situation alone; contact a lawyer as soon as possible.
Clearly, no visitor to a foreign country wishes to find themselves a victim of assault. In order to limit the potential, foreign nationals abroad are advised to:
- Stay informed about safe and high-risk areas.
- Avoid isolated or poorly lit places, especially at night.
- Be cautious when finding themselves in a situation where it appears there is a potentially escalating verbal or physical conflict.
Conclusion
Being assaulted during a vacation is an upsetting and painful experience that can leave lasting effects. No one should face this alone. Giambrone and Partners is committed to offering legal to help victims and help them to obtain justice and fair compensation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
