A Guide to Harassment in Italy for Foreign Nationals

Generally, Italy is considered a safe country with low crime rates compared to other European countries. However, it enforces strict legal provisions to protect individuals from harassment, discrimination and threatening behaviour. Under the Italian Constitution, Article 3 guarantees equal treatment for all citizens and explicitly prohibits any form of discrimination based on personal or social conditions.

Foreign nationals in Italy should be especially mindful of the country's laws, particularly as they may differ from their home country, as breaching those laws may lead to serious legal consequences.

This guide will explore how harassment is defined in Italy, examine criminal procedure, and discuss the importance of seeking international criminal defence lawyers (Avvocato).

Click on the links below

How harassment is defined under the Italian Constitution.

The different outcomes that may occur after being arrested for harassment.

A step-by-step guide to the criminal procedure in Italy after a harassment claim.

Find out how to make a counterclaim for a false allegation.

Find out how Giambrone & Partners can assist.

Read the most common queries on types of Italian crimes.

What Constitutes Harassment in Italy?
What Are the Legal Consequences Harassment in Italy?
What Should You Do if You Are Accused of Harassment in Italy?
What Should You Do if You Have Been Falsely Accused of Italian Harassment?
The Importance of Seeking an Italian Criminal Defence Lawyer
Frequently Asked Questions

What Constitutes Harassment in Italy?

In Italy, harassment is defined as any unwanted behaviour or conduct toward a person creating an intimidating, hostile, or offensive environment. This may include verbal, non-verbal and physical harassment. Harassment is typically based on factors such as sex, race, age, religion, and disability, which are used to violate a person's dignity.

Under the Italian Constitution and various laws, including the Code of Equal Opportunities (Legislative Decree No. 198 of 11 April 2006), harassment is prohibited. This legislation particularly defines sexual harassment, placing the obligation on employers to prevent it through codes of conduct.

There are various types of Italian harassment, including sexual, workplace, online and stalking:

Stalking

(Stalking & Harassing Behaviour – Article 612-bis Codice Penale)

Stalking involves persistent and intrusive behaviour that causes fear or disruption, such as following someone or contacting them against their will. Since 2009, Italy has adopted an Anti-Stalking Law, making stalking a punishable offence. Offenders may face six months to four years in prison.

Sexual harassment

(Molestie Sessuali – Article 660 & Article 609-bis Codice Penale)

Sexual harassment is a form of discrimination, which may include unwanted verbal or physical advances, in workplaces or public spaces. Similar to stalking, offenders may face up to four years imprisonment or fines from €1,000 to €5,000.

Workplace harassment

(Mobbing & Discriminatory Harassment – Article 2087 Codice Civile & Anti-Discrimination Laws)

Harassment in the workplace may include mobbing, bullying, exclusion, and discrimination based on any characteristic. Employers must ensure the health and safety of their employees is upheld. If the Italian court finds that discrimination has taken place, this may result in compensation and a plan to stop future discrimination.

Online harassment and cyberstalking

(Article 612-ter Codice Penale)

Recently, the Italian Parliament has initiated certain legislation to address cyberbullying and harassment. The 2019 "Revenge Porn" Law criminalises sharing explicit images/videos without consent.

What Are the Legal Consequences of Harassment in Italy?

Under Italian law, harassment is prohibited and has strict criminal and civil consequences. Penalties range from fines to imprisonment, particularly if it involves threats or distressing behaviour, it can be defined as a criminal offence under the Italian Penal Code. The offender may be formally charged and brought before a criminal court if sufficient evidence is found. For example, stalking (Atti Persecutori) can lead to up to four years imprisonment.

In cases of workplace harassment, employers are held liable for the actions of their employees and for failing to prevent harassment in the workplace. They may also have to pay a fine, and have their actions published.

Other possible legal actions include:

Restraining orders (Ordine di Allontanamento): Once the case has been brought before Italian courts, restraining orders can be implemented to ensure the offender stays away from the victim’s home or workplace. In severe and threatening cases, temporary protective orders may be granted.
Fines and imprisonment: First-time offenders may face fines or suspended sentences, while repeat offenders or those who engage in more serious conduct—such as threats, physical violence, or harassment of a minor—can be sentenced to significant prison time.
Civil lawsuits: Victims of harassment have the right to pursue civil action. They may file a lawsuit seeking compensation for psychological distress, reputational damage, loss of income, and other personal or financial harm caused by the harassment.

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What Should You Do if You Are Accused of Harassment in Italy?

If you have been accused of harassment in Italy, it's important not to panic or attempt to respond to the allegations. Do not try to contact the accuser, as this could worsen the situation.

Ensure you seek legal assistance immediately from experienced criminal defence lawyers (Avvocato). Italian criminal defence lawyers will assess the credibility of the accusation, and provide guidance on police questioning and the Italian criminal procedure. Your lawyer will also help gather vital evidence that may strengthen your defence, including CCTV footage, witnesses, and testimonials.

For more information, request a callback with our Italian criminal defence lawyers below.

Legal process

Stage one: Police investigation (Indagini Preliminari)

If you are accused of harassment, the Italian police may summon you for questioning to gather information and obtain a statement. You should not speak to the Italian police without your legal representation present and if you do not speak Italian, a translator should be supplied.

The prosecutor will decide whether there is sufficient evidence to proceed with the charges.

Stage two: Court hearings (Udienza Preliminare)

Unlike in England and Wales, Italian judges play an active role in gathering evidence and cross-examining the defence, with many discussions carried out on social media. If the harassment case proceeds to the preliminary hearing, the judge will determine the legitimacy of the claim and may dismiss the case if they believe the evidence is insufficient.

If the case proceeds, it will go to trial where both prosecution and defence lawyers will present their arguments and evidence.

Stage three: Sentencing and appeals (Sentenza e Apprllo)

If the court finds the accused guilty, a sentence is issued. This may include fines, community service, or imprisonment, depending on the severity of the harassment.

Within 30 days of the sentencing, you have the right to appeal the conviction. The appeal is reviewed by a higher court (Corte d’Appello), which may confirm, reduce, increase, or overturn the original sentence.

Read more about appealing an Italian conviction with our expert guide here.

What Should You Do if You Have Been Falsely Accused of Italian Harassment?

False harassment accusations can lead to counterclaims for defamation under Article 595 of the Italian Penal Code (Codice Penale). If the judge finds the allegations false, the accuser may face consequences, including imprisonment for up to one year and a fine.

If you’ve suffered harm to your reputation due to false claims, the Italian Civil Code permits claims for damages from defamation. Your Italian lawyer will help prove that defamation occurred and highlight how the harm has impacted your reputation and overall livelihood.

Italian supreme court of cassation by day with blue sky

Find out more about your rights after being arrested for a crime in Italy here.

The Importance of Seeking an Italian Criminal Defence Lawyer

Italian criminal procedures can be complex, and navigating them alone is risky. If you have been accused or arrested for an Italian crime, ensure you seek legal advice immediately. Italian law initially favours the accuser, so a strong defence is vital in the early stages.

Your lawyer will help build your case, challenge any weak evidence and fight for dismissal. If the claim goes to court, experienced Italian criminal defence lawyers (Avvocato) will represent you and fight for the best outcome, including reducing penalties or negotiating settlements.

Giambrone & Partners is an international law firm experienced in cross-border matters. Our Italian lawyers specialise in providing legal support for those accused of a crime, including harassment, and will create bespoke defence strategies depending on the circumstances of the case.

Request a callback with our Italian criminal defence lawyers for more information.

Frequently Asked Questions

Can I be Arrested Immediately After Being Accused of Harassment in Italy?

Yes, if the police believe there is immediate danger or sufficient evidence, they can arrest you on the spot. However, in most cases, an investigation takes place before any arrest.