Dear readers, this week I want to talk to you about a very particular topic.
Have you ever heard of elderly people who leave all their belongings to strangers? And what about the many cases in the news that tell us about real scams to the detriment of vulnerable people such as the elderly and incapable?
With this week’s column I want to delve deeper into this topic and find out how protect yourself and your loved ones against the circumvention of incapable person.
The crime of circumvention of an incompetent person is regulated byart. 643 of the Penal Codewhich punishes with imprisonment from two to six years and a fine from 206 to 2,065 euro “anyone who, in order to obtain a profit for himself or others, by abusing the needs, passions or inexperience of a minor person, or by abusing the state of infirmity or mental deficiency of a person, even if not prohibited or incapacitated, the induces you to carry out an act which has any legal effect which is harmful for you or for others”.
From this it therefore emerges that for the purposes of the existence of the crime, it is necessary that the agent subtly takes advantage of the victim’s condition of psychological inferiority and persuades her to carry out acts that are prejudicial to her but which in reality benefit the perpetrator and third parties.
Many may think that the state of psychic inferiority coincides with the pronouncement of interdictions or disqualification: this is not the case.
In fact, jurisprudence has had the opportunity to underline that to consider the crime in question complete, it is not necessary to completely deprive oneself of the capacity to understand and will, as the simple reduction of the same, due for example to old age or illness, is also relevant.
This is precisely the conclusion reached by the Court of Cassation in a recent ruling.
The case is that of one woman convicted of having forced an elderly man first to make multiple PostePay top-ups in her favor and then to contract a community of property marriage with heran event following which the woman then gave rise to a series of acts of asset theft to the detriment of the man.
After the conviction, also confirmed on appeal, the woman had appealed to the Court of Cassation, arguing that the crime could not be considered complete since the man was not incapable of understanding and wanting.
On this point, however, the Supreme Court, taking up a previous ruling, highlighted that “also a diminished psychic capacity, with compromise of the power of criticism and weakening of the volitional one, such as to make it possible for others to work under suggestion and pressure” and so also a mental illness or mental deficiency even less serious than incapacity, but likely to place the offended person in a condition that weakens his or her critical abilities, may be a prerequisite for the integration of the crime following which the acts carried out by the victim – such as, for example, a possible will – can be declared null and void.
WHAT DO I THINK?
I believe it is important to pay attention to any small signs that may make us think that a loved one may fall victim to this sneaky crime.
In these cases, then, it is important to remember that the best way to act is to collect evidence of any scams or pressure that our loved ones are undergoing so as to be able to file a complaint and effectively protect their rights.
This is a legal information and dissemination column which has the sole purpose of wanting to contribute at a social level to the knowledge of one’s rights as it is my belief that only in this way is it possible to effectively protect them from a legal point of view.
If you have any questions or want to suggest a topic for me to talk about, you can do so by writing to me at the e-mail address [email protected] or by filling out the form you find on the site www.studiolegalefois.com.
Lawyer Fulvia Fois
