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 full guide to the rights and proceedings after being arrested or accused of a crime in Italy
Being arrested in a foreign country can be a disorienting and stressful experience. Italy, with its distinct judicial system, poses several challenges for those unfamiliar with its laws and processes. These differing regulations and laws can cause problems and heighten anxiety for foreign nationals, particularly those unfamiliar with the Italian legal system and their rights throughout the procedure.
This guide will summarise the key information on the arrested and accused in the Italy hub, including the rights and proceedings, and when to seek help from criminal defence lawyers (Avvocato).
Click on the links below to jump to that section:
- What should you do if you have been arrested in Italy?
- What are your rights after being arrested in Italy?
- A guide to extradition after being arrested in Italy
- What is the procedure for appealing an Italian conviction?
Read more about the arresting procedure in Italy and what foreign nationals should be aware of.
Find out the different rights of the arrested and accused in Italy.
Discover what extradition is, and when foreign nationals can be extradited from Italy.
Read the summary of when you can appeal an Italian conviction, and the criminal proceedings.
What should you do if you have been arrested in Italy?
If you have been arrested in Italy, the first step is to remain calm. Complying with the Italian police will ensure you do not inadvertently complicate your situation or intensify your charges.
- Exercise your right to remain silent until you have consulted with your Italian criminal lawyer (Avvocato).
- Seek assistance from the local British Embassy or Consulate – the Italian authorities should give this option; if not, you can request it yourself.
- Attend a hearing with a judge to determine whether the arrest was lawfully carried out – you do not have to answer any questions apart from confirming your name and place of birth.
It is important to request a lawyer as soon as possible. Even if the charges against you seem minor, having a legal expert by your side can significantly affect how your case is handled. An experienced criminal defence lawyer will help protect your rights and navigate the complexities of the Italian judicial system, which may be unfamiliar to you.
For more information, read our full guide on what happens when you’re arrested in Italy here.
What are your rights after being arrested in Italy?
Under Italian legislation, arrested individuals must be given with a letter of rights in a language they understand. This document outlines your fundamental rights during the legal process, which include:
- Right to information: You have the right to know the charges against you and access to an interpreter if you do not speak, read or understand Italian.
- Right to remain silent: You are not obligated to answer questions without the presence of your lawyer.
- Right to inform family or consular authorities: As a foreign national, you may request the police to notify your embassy or consulate about your arrest. However, it is usually the police, not the individual, who will contact your family.
- Right to urgent medical assistance: If needed, medical care must be provided promptly.
- Right to legal representation: If your annual income is lower than €11,000, you may be able to apply for legal aid.
Custody is often imposed if there is a risk of flight or suspicion of a serious crime. During the Italian custodial proceedings, you are entitled to access essential personal hygiene facilities, receive meals if detained for over six hours, and be held in a clean cell. These rights are protected and guaranteed by the European Committee for the Prevention of Torture in Italy’s 2007 Letter of Rights.
Read more about your rights after being arrested in Italy with our full guide here.
A guide to extradition after being arrested in Italy
Extradition is a legal process by which a person accused or convicted of a crime in one country is handed over to another country to face legal proceedings or serve a sentence.
Following the UK's withdrawal from the European Union, extradition proceedings are governed by the Trade and Cooperation Agreement (TCA) rather than the European Arrest Warrant (EAW). Italy remains a signatory to the European Convention on Extradition, which means extradition requests from the UK are assessed under the principles of this convention.
The extradition process from Italy to the UK involves several stages:
- An extradition request: The request must comply and detail the charges, evidence, and justification for extradition.
- Arrest and preliminary hearing
- Italian court proceedings
- Appeals process
For more information, read our guide on the extradition process when arrested in Italy here.
If you are facing extradition, it is essential to seek expert legal advice immediately. Extradition cases are complex, involving both Italian and UK legal systems, as well as international law. Experienced legal representation can help you navigate the process and protect your rights.
At Giambrone and Partners, we understand that facing extradition is a daunting experience. Our team of experienced lawyers is here to provide expert advice and representation throughout the extradition process.
To find out more, get in touch with our team for a free consultation today.
What is the procedure for appealing an Italian conviction?
Italy's judicial power is a cornerstone of its legal system, encompassing various courts and judicial authorities. The process begins at the level of the Giudice di Pace (Justice of the Peace) for minor offences and extends to the Court of Cassation, Italy’s highest court.
If the defendant is dissatisfied with the verdict or believes there was a legal error, their Italian criminal defence lawyer (Avvocati) can appeal to the Court of Appeal under Italian law. The Court of Appeal (Corte d'appello) reviews the lower court's decision and may either confirm the initial ruling, partially amend it, or completely overturn it.
Once a decision to appeal is made, a formal notice of appeal must be submitted to the appropriate appellate court within the specified deadline, typically within 15 to 30 days of the original judgment. The appeal must articulate specific reasons why the initial verdict should be reconsidered, and in many cases, new evidence can be introduced.
Read more about appealing an Italian conviction and your rights throughout this process with our guide here.
Our experienced cross-border criminal defence team facilitate seamless communication between foreign nationals and the Italian authorities, with English-speaking and Italian-speaking lawyers. We will ensure that language barriers do not hinder the appeal process and cause complications.
For more information, or to request a callback with our Italian criminal defence lawyers, contact Giambrone & Partners today.
Related content
What to Do When Arrested in Italy Expert Legal Guidance