Professional abuse is a phenomenon that unfortunately does not spare any work sector. This is incorrect or illegal behavior on the part of a professional in their field of expertise. However, reporting professional abuse is not always easy. In this article, we will explain how to do it, starting from the meaning of this crime up to the filing of the complaint and the consequences that derive from
it.
What do we mean by abuse of profession
To understand the concept of professional abuse, it is necessary to distinguish between crime and misbehavior. Professional abuse, in fact, is a crime that concerns all those who work in a profession regulated by law, such as doctors, lawyers, architects, accountants and so on. In particular, professional abuse occurs when a professional exploits his privileged position to derive illicit advantages, to the detriment of the client or the public interest. In other words, it is a behavior that violates the duty of fairness and loyalty that every professional must have towards their customers and society
in general.
When is it possible to report professional abuse
Reporting professional abuse is possible at any time when the professional is guilty of incorrect or illegal behavior. However, it is important to know that not all misconduct is criminally prosecutable as professional abuse. Professional abuse, in fact, is a specific crime that must be committed by a professional in the exercise of his duties and that must cause damage to the public interest or to the customer. In addition, the complaint can be filed not only by the person concerned but also by anyone who knows about the crime, such as a colleague or relative of the victim.
How to collect evidence for a complaint of professional abuse
The collection of evidence is essential to be able to file a complaint of professional abuse. Generally, the most important evidence is the documents and testimonies of those who have suffered the damage or of those who have witnessed the violation of professional regulations. For example, if you suspect that a doctor has incorrectly administered medications, it may be useful to collect medical reports and prescriptions, in addition to the testimonials of other patients or the professional’s colleagues. In addition, videos or audio recordings that demonstrate unlawful behavior may also be useful. It is important to remember that evidence must be collected legally and that it is not possible to use illicit means to obtain
it.
How to file a complaint of professional abuse
The complaint of professional abuse must be filed with the Public Prosecutor’s Office, whose task is to ascertain the existence of the crime and to proceed with any criminal prosecution. The complaint can be filed in person or through your lawyer, and must contain as much information as possible, such as the name of the professional, the detailed description of the crime, the evidence collected and the personal data of the complainant. It is also important to indicate if you are aware of other victims of the professional in question. The complaint can also be filed anonymously, but in this case the Prosecutor’s Office may not follow it up if there are not sufficient elements to initiate an investigation
.
What happens after you report professional abuse
After filing the complaint of professional abuse, the Public Prosecutor’s Office will evaluate the information collected and will eventually initiate an investigation to ascertain the veracity of the facts reported. In this case, the professional will be summoned for questioning and additional evidence will be acquired to support the complaint. If the investigation confirms the professional’s guilt, a criminal trial will be initiated, at the end of which the professional could be sentenced to a prison and/or financial sentence. Otherwise, if the crime of professional abuse does not exist, the complaint will be closed. It is important to underline that reporting professional abuse is an important tool for guaranteeing the fairness and legality of professions and for protecting the rights of citizens. Reporting an abuse of profession is an important act to guarantee the protection of citizens’ rights and the legality of professions. To file an effective complaint, it is necessary to collect the evidence in a legal manner and file the complaint with the Public Prosecutor’s Office, which will evaluate the possible initiation of an investigation
.