x
Our website uses cookies. By continuing to use the site, you agree to our use of these cookies. To learn more about how we use the cookies and how you can manage them, please see our cookies policy.
A Complete Guide to Types of Italian Crimes
Crime is a frequent occurrence no matter where you go, but you never expect to be a victim. Being the victim of a crime is a challenging experience, especially if the crime occurs in a foreign country. If you are a non-Italian national who falls victim to a crime in Italy, knowing where to turn is essential; instructing an Italian criminal lawyer can not only ensure you create a strong case, but it can also provide you with peace of mind in unfamiliar territory.
In our guide we will explore various crimes in Italy and how to report them, such as criminal negligence, theft, business crime, motor vehicle theft and harassment. We will also highlight why choosing Italian speaking lawyers based in the UK is the best choice for you and your case.
Click on the links below to jump to that section:
Find out more about the consequences of criminal negligence in Italy
Theft in Italy has pretty serious consequences depending on the circumstances
Business crime is quite common in Italy, so preparing yourself is essential
Discover the ins and outs of motor vehicle theft law in Italy
Arm yourself with legal advice if you are ever harassed in Italy
Criminal Negligence Laws in Italy
In Italian criminal law, criminal negligence is an offence that pertains to actions or omissions that result in harm due to a failure to exercise appropriate care. Examples of criminal negligence include medical malpractice, traffic incidents, and occupational safety.
The Italian Penal Code (Codice Penale) addresses criminal negligence under Article 43, which distinguishes between intentional acts (dolo) and negligent acts (colpa). According to this provision, a crime is considered negligent when the harmful event, even if foreseen, is not desired by the perpetrator but occurs due to negligence or failure to comply with laws.
In criminal negligence cases, the defence plays a pivotal role in safeguarding the rights of the accused. Key responsibilities include:
- Challenging Evidence
- Presenting Exculpatory Evidence (which may exonerate the defendant)
- Demonstrating Lack of Negligence
- Negotiating Plea Bargains
It is important to have experienced legal representation throughout the appeals process. Criminal defence lawyers can identify weaknesses in the prosecution’s case, gather new evidence, and present compelling arguments to challenge the conviction.
For more information, read our complete guide to criminal negligence in Italy.
What Are the Legal Consequences of Italian Theft?
Under Article 624 of the Italian Penal Code, theft (Furto) is the unlawful appropriation of another person’s property without their consent with the intent to gain profit. Depending on the severity of the circumstances, the Italian Penal Code (Codice Penale) addresses theft-related offences and can punish them with imprisonment for up to three years. Examples of theft in Italy include shoplifting, pickpocketing, robbery (Rapina), receiving stolen goods (Ricettazione), and fraud (Truffa).
A conviction for theft in Italy can have long-term consequences, restricting travel, employment, and residency rights.
For theft cases in Italy, legal representation is crucial. Criminal defence lawyers will understand local laws and court procedures, which may differ from your home country. They can negotiate plea deals or reduced sentences on your behalf, assessing your circumstances to determine the best possible outcome.
Read more about theft in Italy and what happens if you get arrested for a crime here.
Financial and Business Crimes in Italy
Despite being ranked 33rd globally for safety, Italy faces challenges with various financial crimes:
- Cybercrime: Includes hacking, phishing, and malware distribution. These offences can be prosecuted even if the accused resides outside Italy.
- Fraud: Involves false accounting, tax evasion, and fraudulent bankruptcy. The Italian Revenue Agency and Guardia di Finanza investigate and prosecute such crimes.
- Money Laundering: Italy enforces strict AML regulations under Legislative Decree No. 231/2007, requiring businesses to monitor and report suspicious financial activity.
- Embezzlement: Includes bribery and misappropriation of funds. Italian law imposes severe penalties, and businesses must adopt preventive measures like internal audits and whistleblower mechanisms.
Under Legislative Decree No. 231/2001, companies can be held liable for crimes committed by employees or executives if the offence benefits the business. To mitigate liability, businesses are encouraged to adopt Organisational and Management Models (Modelli di Organizzazione e Gestione), which include:
- Risk assessments
- Supervisory mechanisms
- Internal disciplinary measures
Plea bargaining (patteggiamento) is permitted, allowing for reduced sentences in exchange for a guilty plea. Convictions can be appealed to the Court of Appeal (Corte d'Appello), and if necessary, escalated to the Supreme Court of Cassation (Corte di Cassazione) for legal review.
Legal support should be sought as soon as an investigation begins or charges are brought. Defence lawyers can:
- Advise on regulatory responses
- Develop defence strategies
- Represent clients in court
To find out more about business crimes in Italy, read our previous guide here.
Motor Vehicle Theft in Italy
Car theft is a major issue in Italy, with over 131,000 incidents reported in 2023—a 7% rise from the previous year. Fiat models are the most frequently stolen, and theft rates are highest in major cities like Milan and Rome. Some provinces, such as Barletta-Andria-Trani and Foggia, report over 1,000 cases per 100,000 residents, highlighting the need for vigilance.
Under Italian law, theft (furto) can result in fines from €154 to €516 and imprisonment of six months to three years. However, penalties increase significantly in aggravated cases, such as theft involving violence or theft from a home, where prison sentences may reach up to ten years.
If you are accused of vehicle theft in Italy, it’s crucial to:
- Exercise your right to remain silent
- Request legal representation
- Contact the British consulate
- Avoid signing untranslated documents
- Keep detailed records.
A solicitor experienced in Italian criminal law can offer vital support—explaining charges, defending your rights, challenging evidence, and negotiating on your behalf. Contact our Italian criminal lawyers for immediate assistance.
Harassment in Italy
In Italy, harassment includes any unwanted behaviour that creates a hostile, intimidating, or offensive environment, especially when based on sex, race, religion, disability, or age. It is prohibited under the Italian Constitution and specific laws such as the Code of Equal Opportunities (2006).
Types of harassment include:
- Stalking (Art. 612-bis): Persistent, fear-inducing behaviour; punishable by 6 months to 4 years' imprisonment.
- Sexual harassment (Art. 660 & 609-bis): Unwanted verbal or physical advances; offenders may face fines and up to 4 years in prison.
- Workplace harassment (Art. 2087 Civil Code): Includes bullying or discriminatory conduct; employers may face liability and be required to prevent future occurrences.
- Online harassment (Art. 612-ter): Covers cyberbullying and revenge porn, now criminalised in Italy.
Legal consequences range from restraining orders and fines to prison terms. Victims can also pursue civil claims for damages.
If accused, do not contact the accuser or speak to police without a lawyer. Legal stages include police investigation, court hearings, and potential sentencing. Appeals must be filed within 30 days of conviction.
False accusations can lead to defamation charges under Art. 595, potentially resulting in prison and compensation claims. Always seek advice from a qualified Italian criminal lawyer, such as our team at Giambrone & Partners.