TELEPHONE SCAMS: A SILENT EMERGENCY THAT WOUNDS THE COMMUNITY - Roberto Cerulli - ETHICA SOCIETAS-Rivista di scienze umane e sociali

Criminological analysis, regulatory profiles and social impact

Abstract: Telephone scams currently represent one of the most insidious forms of widespread crime, capable of affecting not only the economic assets of victims but also their emotional and relational sphere. Through sophisticated psychological manipulation techniques, scammers exploit fear, urgency, and trust in authority to induce individuals—particularly the elderly and vulnerable subjects—to hand over money, valuables, or personal data. The article examines the phenomenon as a social emergency, highlighting its operational methods, the traumatic impact on victims, and its repercussions on collective trust and perceived security. It expresses a firm condemnation of such conduct, considering it a form of psychological and economic violence, and underscores the importance of prevention, information, and cooperation between citizens and institutions as fundamental tools of counteraction.

Keywords: #TelephoneScams #Fraud #Deception #OrganizedCrime #PsychologicalManipulation #AbuseOfTrust #Fear #Urgency #VulnerableVictims #Elderly #PsychologicalTrauma #EconomicDamage #SocialIsolation #LossOfTrust #SocialEmergency #Security #Prevention #Awareness #CollectiveResponsibility #RuleOfLaw #ProtectionOfCitizens #RobertoCerulli #EthicaSocietas #EthicaSocietasMagazine #ScientificJournal #SocialSciences #ethicasocietasupli

Roberto Cerulli (1971), with over 25 years of service in the Local Police, currently Commander in Capalbio (GR), he is a jurist specialized in administrative law and human resources management, author of several publications, actively engaged in civil and religious volunteer work. He serves as Regional Vice President of the Federation of Tuscan Misericordie and as a member of the Council of Elders of the National Confederation of the Misericordie of Italy.

versione italiana

Vulnerability and the Construction of Deception

The phone rings. An authoritative voice reports a dramatic event: an accident, an arrest, a judicial emergency. Within seconds, an intense emotional response is triggered. It is within this space of cognitive vulnerability that the telephone scam takes hold.

According to routine activity theory, crime occurs when a motivated offender, a suitable target, and the absence of effective guardianship converge (Cohen & Felson, 1979). Telephone scams exploit precisely this dynamic, transforming domestic isolation—often affecting elderly individuals—into a criminogenic opportunity.

The narrative construction of deception relies on simulated authority, time pressure, and psychological isolation, mechanisms consistent with situational crime prevention analyses (Felson & Clarke, 1998).

Regulatory Framework: Article 640 of the Italian Criminal Code and Aggravating Circumstances

Such conduct constitutes the offense of fraud under Article 640 of the Italian Criminal Code, which punishes anyone who, through artifices or deception, induces another person into error, thereby obtaining an unjust profit to the detriment of another.

Constituent elements include:

artifices or deception;
inducement into error;
unjust profit with patrimonial damage.

In cases involving scams targeting the elderly, the following aggravating circumstances frequently apply:

Article 61 no. 5 of the Criminal Code (reduced defense), when vulnerability is related to age;
Article 61 no. 9 of the Criminal Code (abuse of authority or official capacity) in cases of false public qualification;
Article 640, paragraph 2, no. 1 of the Criminal Code, in cases involving damage to public entities;
Article 416 of the Criminal Code, where an organized criminal association emerges.

The suitability of the deceptive conduct is assessed in concreto, taking into account the emotional state artificially induced in the victim.

Emotional Manipulation and Relational Violence

The core of the phenomenon lies in emotional manipulation. Contemporary criminological literature highlights how predatory crimes are evolving toward less visible yet more psychologically invasive forms (Garland, 2001).

Emotional pressure reduces decision-making capacity and activates automatic responses to perceived threats. From a social control perspective, such conduct produces a fracture in institutional trust, a central element of collective cohesion (Durkheim, 1893/1997).

Victims do not act out of naïveté, but as a reaction to an artificially constructed state of alarm.

Psychological Impact and Secondary Victimization

The consequences extend beyond financial loss. Victimological studies demonstrate that predatory crimes produce persistent traumatic effects (Shapland & Hall, 2007; Herman, 1992).

Relational trauma manifests through:

shame;
guilt;
social isolation;
loss of trust.

The National Council of the Order of Psychologists (CNOP, 2023) emphasizes that economic victimization of the elderly frequently results in chronic anxiety and social withdrawal.

Risk Perception and Social Insecurity

ISTAT data (2023) show that perceived insecurity among elderly individuals is significantly higher than the national average, regardless of the actual statistical incidence of crime.

Bauman (2000) describes this dynamic as a feature of “liquid modernity,” in which the fragility of social bonds amplifies the perception of risk.

Telephone scams contribute to this process of systemic trust erosion, reinforcing a culture of insecurity (Garland, 2001).

Prevention Policies and Multilevel Governance

Counter-strategies require an integrated approach:

situational prevention (Felson & Clarke, 1998);
institutional awareness campaigns (Ministry of the Interior, 2024; State Police, 2024; Carabinieri Corps, 2024);
personal data protection measures (Italian Data Protection Authority, 2023);
analysis of social vulnerability (Censis, 2023).

Primary prevention is grounded in digital literacy and the reconstruction of proximity-based social networks.

Conclusion

Telephone scams represent an evolved form of relational organized crime, combining traditional legal instruments with new manipulative techniques.

Criminal law provides clear repressive tools (Article 640 of the Italian Criminal Code), yet an effective response requires integration between repression, prevention, and the strengthening of social cohesion.

The protection of vulnerable individuals becomes a benchmark of legal civilization. Collective awareness constitutes the first line of defense; social solidarity remains the most effective antidote against fear transformed into criminal profit.

REFERENCES

Bauman, Z. (2000). Liquid modernity. Polity Press.

Censis. (2023). Rapporto sulla sicurezza e sulla fragilità sociale. Censis.

Cohen, L. E., & Felson, M. (1979). Social change and crime rate trends: A routine activity approach. American Sociological Review, 44(4), 588–608. https://doi.org/10.2307/2094589

Consiglio Nazionale dell’Ordine degli Psicologi. (2023). Vittimizzazione e trauma nei reati predatori. CNOP.

Durkheim, É. (1997). The division of labor in society (W. D. Halls, Trans.). Free Press. (Original work published 1893)

Felson, M., & Clarke, R. V. (1998). Opportunity makes the thief: Practical theory for crime prevention. Home Office.

Garante per la Protezione dei Dati Personali. (2023). Tutela dei dati personali e rischi di frode. https://www.garanteprivacy.it

Garland, D. (2001). The culture of control: Crime and social order in contemporary society. University of Chicago Press.

Herman, J. L. (1992). Trauma and recovery. Basic Books.

ISTAT. (2023). Condizioni di sicurezza dei cittadini e percezione del rischio. ISTAT.

Ministero dell’Interno – Dipartimento della Pubblica Sicurezza. (2024). Campagne informative per la prevenzione delle truffe agli anziani. Ministero dell’Interno