Investigations into unauthorised practice of a profession in Milan.

In the Italian legal system, the protection of regulated professions serves the public need to ensure that certain services of a health, legal, technical or fiscal nature are performed exclusively by individuals possessing specific academic qualifications, state authorisations and registration with the relevant registers or colleges. The offence of unauthorised practice of a profession, governed by article 348 of the Penal Code, constitutes a provision safeguarding public trust and citizen safety, which is too often threatened by operators lacking proper credentials.

Arcadia Company supports professional orders, trade associations, law firms and private citizens in the complex task of identifying and documenting illicit conduct. Using advanced investigative methods, our operatives do not merely confirm a suspicion, but crystallise objective evidential elements aimed at proving the continuous commission of reserved professional acts, providing the essential documentary support for initiating a robust criminal action.

Legal configuration of the offence and the typical act

The offence defined by article 348 of the Penal Code is consummated when a person lacking the legal requirements commits even a single typical act of the protected profession, provided it is capable of creating the appearance of a regularly performed professional activity. Jurisprudence has clarified that the abusive conduct assumes criminal relevance both when it manifests through the performance of acts exclusively attributable to a specific category, and when it is exercised in a continuous, organised manner with a profit motive, however minimal.

The scourge of professional unauthorised practice affects a wide range of strategic sectors:

• Healthcare and medical‑surgical sector: unauthorised practice carried out by fake dentists, unqualified physiotherapists, self‑styled nutritionists or aesthetic doctors lacking a licence. These actions pose immediate risks to physical safety and public health, often compounded by the use of illegal facilities or unauthorised drugs.
• Legal, commercial and tax sector: activities of individuals posing as lawyers, accountants or labour consultants. Their work causes severe financial damage to unsuspecting taxpayers or companies, through the drafting of null deeds or the mishandling of tax obligations.
• Technical and design sector: unauthorised practice affecting engineering and architecture, where the lack of certified competence in structural calculations or building designs jeopardises the static safety of structures.

Jurisprudential evolution: The Court of Cassation (judgment no. 13556/2020) confirmed the extension of the offence to emerging figures such as Life Coaches or Counselors not registered with the Register of Psychologists, who encroach upon the domain of psychotherapy and treatment of mental distress without the required mandatory clinical training.

The sanction framework: the tightening of the Lorenzin Law

The legislature has progressively tightened the sanction regime for abusive conduct. With the introduction of Law no. 3/2018 (known as the Lorenzin Law), the statutory penalties for violating article 348 of the Penal Code have been sharply revised, currently providing for:

• Imprisonment from 6 months to 3 years.
• A monetary fine ranging from €10,000 to €50,000.
• Publication of the conviction judgment and mandatory confiscation of the equipment, tools and commercial premises used to commit the offence.

If the unauthorised individual has caused material or physical damage to the victim, concurrent offences of personal injury, aggravated fraud or culpable homicide also arise. To enable the judicial authority to order indictment and apply precautionary or seizure measures, however, an incontrovertible evidential framework free of procedural flaws must be attached to the complaint.

Arcadia Company's investigative protocol

To prove the abusive conduct, merely establishing a person's presence inside a premises is insufficient. The investigation protocol structured by Arcadia Company applies rigorous forensic verification techniques, articulated around specific parameters:

1. Mystery Client activity: controlled infiltration by undercover operators to document the reception phases, the performance of diagnoses, the formulation of legal opinions or the drafting of confidential technical reports.
2. Audio‑video and surveillance documentation: video recordings of the studio's external and internal activities, useful to demonstrate the regularity of the conduct, the steady flow of clients and the presence of specific professional equipment.
3. Profit motive assessment: collection of documentary evidence relating to the issuance of false invoices, generic receipts or untracked cash transactions billed as fees.

The overall investigation results are compiled into an Investigative Dossier certified according to ISO 9001 standards. The technical report meticulously describes the chronology of events and the type of acts performed by the investigated party, enabling the Public Prosecutor and the Judicial Police to act promptly through search and seizure orders of the premises.