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A Guide to Criminal Proceedings following Theft in Italy
Theft is one of the most frequently reported crimes in Italy, particularly in major tourist cities like Rome, Milan, and Naples, where incidents involving pickpocketing and shoplifting are prevalent. If you have been accused or arrested for a crime in Italy, it’s important to understand Italian laws related to the crime as well as knowing the potential legal consequences relating to the criminal procedures.
This guide will explore and define theft under Italian law, highlighting the criminal procedure, and the importance of choosing an expert criminal defence lawyer (Avvocato).
Click on the links below to jump to that section:
The definition of theft under the Italian Penal Code (Codice Penale).
Browse the list of the main offences regarding Italian theft.
The penalties for Italian theft under the Italian Code, and how a conviction impacts foreign nationals.
A step-by-step guide to being accused or arrested of Italian theft.
Discover the benefits of cross-border lawyers (Avvocati), and how Giambrone & Partners can help.
Read common queries on Italian crimes and proceedings
Defining Theft Under Italian Law
Under Article 624 of the Italian Penal Code, theft (Furto) is defined by "whoever takes possession of movable property belonging to another, by removing it from the person who possesses it, with the intent to profit for themselves or others, shall be punished with imprisonment from six months to three years and with a fine.”
In Italy, theft is categorised into two divisions: minor theft (Furto lieve) and aggravated theft (Furto aggravate). Under Article 624, petty theft crimes, including theft of small-value items, are less severe. More serious offences, including violence, breaking and entering, and vehicle theft, are prosecuted under Article 625.
What are the Most Common Crimes related to Theft in Italy?
Whether you are in the country for a holiday or business, it’s important to be aware of what is regarded as a potential crime.
Petty theft in Italy, such as pickpocketing, is extremely common in major cities. You can prevent it by not placing anything in your back pockets and keeping belongings, such as bank cards and your mobile phone, zipped up in a bag across the front of your body or a money pouch and money belt. It is also essential to get a police report for any theft incident involving your cash or credit card you may encounter.
Other common theft crimes in Italy include:
Simple theft (Furto semplice) — Under Article 624 of the Italian Penal Code, these offences include shoplifting (Taccheggio) and pickpocketing (Borseggio) of small-value items.
Aggravated theft (furto aggravato) - This may include theft with the use of force, weapons, or in public transport. Due to its severity, there is an increased penalty for aggravating circumstances under Article 625.
Robbery (Rapina) —These crimes involve violence, force, or threats and are among the most serious theft offences under Article 628. Robbery carries a minimum five-year imprisonment term, which increases with aggravating factors.
Burglary (Furto in Abitazione) — Under Article 624-bis, entering a home or a secured place to commit theft can result in longer sentences and fines. Burglary typically results in four to seven years of imprisonment.
Receiving Stolen Goods (Ricettazione) – Under Article 648, possession or resale of stolen property is also categorised as theft and will be prosecuted. Depending on the intent, receiving stolen goods can lead to two to eight years imprisonment.
Fraud (Truffa) – Under Article 640, refer to a type of theft involving deception, including online scams and identity fraud; increasingly common within financial fraud cases.
If you have been a victim of Italian pickpockets, report any stolen items to the local police station.
Read more about how to report a crime in Italy with our guide here.
What Are the Legal Consequences of Theft in Italy?
Penalties for theft depend on the severity of the crime. Petty theft is punishable by a fine or imprisonment of six months to three years. In contrast, aggravated theft carries a sentence of six to ten years in prison, depending on the circumstances of the case.
A conviction for theft in Italy can have long-term consequences, restricting travel, employment, and residency rights. For foreign nationals looking to apply for Italian citizenship, a clean criminal record is part of the eligibility criteria, and their application may be rejected due to a conviction for theft.
After a serious conviction, for example, for aggravated theft, non-Italian citizens may also face deportation.
Alternative Penalties and Plea Bargaining (Patteggiamento)
In some cases, alternative penalties or plea bargaining (patteggiamento) may be available. Minor offences may be eligible for reduced sentences or alternative measures, such as community service. Plea bargaining can also help avoid a trial or secure a lighter sentence.
To find your best solution, acquire assistance from expert criminal defence lawyers (Avvocato). A criminal defence lawyer can assess the case and negotiate a better outcome, ensuring that the rights of the accused are protected and procedural errors are avoided.
For more information, speak to our Italian criminal defence lawyers to discuss your options.
Criminal Proceedings for Theft in Italy
Italy follows a civil law system, which differs from the legal system in England and Wales, where judges play a more active role in the investigation and sentencing process.
What Happens After I’m Arrested for Theft in Italy?
If someone is arrested for theft in Italy, they will typically face immediate questioning and possible detention. They have the right to legal representation and to remain silent.
Read more about your rights after being arrested in Italy.
Italian Judicial Process
The Italian judicial process begins with a preliminary investigation (Indagini preliminari), conducted by the public prosecutor to assess evidence, review witness statements and determine whether there is enough proof to proceed with formal charges, considering EU legislation that may influence the process. If there is enough trial evidence, a pre-trial hearing (Udienza preliminare) is held to confirm whether the case should proceed or be dismissed.
The main trial (Dibattimento) follows, during which the defendant presents their case. If convicted, the judge issues a ruling in the verdict and sentencing stage. Convictions can be challenged in higher courts through the appeals process (appello and cassazione).
For more information on appealing an Italian conviction, read our full guide here.
In Italy, the judge plays an active role in the trial, unlike in other judicial systems that employ an adversarial system, such as those found in the United Kingdom. Italy’s inquisitorial system involves a judge collecting evidence and questioning the witness.
To navigate Italy’s complex legal system, seek legal advice from expert criminal defence lawyers as soon as possible. An Italian criminal defence lawyer plays a crucial role in ensuring that an accused individual's rights are protected, from police questioning through to trial and likely appeal.
When Should I Seek Italian Criminal Defence Lawyers?
For theft cases in Italy, legal representation is crucial. Criminal defence lawyers will be familiar with local laws and court procedures, which may differ from those in your home country. They can negotiate plea deals or reduced sentences on your behalf, assessing your circumstances to determine the best possible outcome.
Giambrone & Partners specialises in cross-border criminal defence, with multiple jurisdictions in Spain, Italy, and Portugal, among others. Our experienced Italian lawyers provide legal representation at every stage of proceedings, and assist foreign nationals unfamiliar with the Italian legal system.
To discuss your circumstances, Contact us today.
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To discuss your circumstances, Contact us today.
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Request a callback with our Italian lawyers for more information.
Frequently Asked Questions
Can a Foreigner be Deported for Theft in Italy?
Under Italian immigration law, non-Italian citizens convicted of theft can face deportation orders. The severity of the crime and any previous criminal history may influence the decision.
Will I get a Criminal Record if I’m convicted of Theft in Italy?
In Italy, a conviction for theft results in a criminal record (casellario giudiziale). An Italian conviction can impact employment, visa status, residency, and citizenship applications.