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.
Filing a criminal complaint in Italy What should foreign nationals be aware of?
As a foreign national, it can be difficult to understand the differing international laws, especially when reporting a crime. In Italy, the procedure differs from that of England & Wales; for example, the judge plays an active role in the investigation process, compared to being a neutral arbiter. These differences in Italian criminal law proceedings showcase the importance of securing legal representation (Avvocato), who is familiar with the Italian legal system and the nuances of international law while reporting a crime procedure.
This guide will explore the procedure for filing a criminal complaint in Italy, both as an Italian resident and a foreign national.
Click on the links below to jump to that section:
Find out how the Italian legal system and procedure work.
Discover what a criminal complaint is and when it is appropriate.
Find out about the procedure for filing a criminal complaint in Italy.
Discover the differences between a criminal complaint and reporting an Italian crime.
Browse through our services and how our international lawyers can help.
Read the most common queries when filing a criminal complaint in Italy.
What is the Italian criminal justice system?
In Italy, the criminal justice system functions in several stages, beginning when a crime is reported to the authorities. Once a crime is reported, a notizia di reato (police report) is filed. This report is essential as it notifies the Italian judicial authorities of the crime, prompting further action.
The judicial police, or polizia giudiziaria, collect evidence (evidenza) related to the crime and identify potential perpetrators.
When the case reaches court, the decision of guilt (colpevole) or innocence (innocente) for serious crimes is typically determined by a panel of three judges or a combination of two judges and six jurors. Unlike in England and Wales, where jurors hold a more dominant role in determining the facts of the case, Italian judges are integral to the fact-finding process and may contribute significantly to the eventual verdict.
Due to the complexities of criminal proceedings, legal assistance from qualified and experienced lawyers (Avvocato) is indispensable. These experts can assist you in gathering evidence, ensuring your rights as a victim are met, and representing you in the Italian courts.
What is a criminal complaint in Italy?
An Italian criminal complaint (querela) is a formal statement made by the victim of a crime, or their legal representative, expressing a desire for the offender to be prosecuted.
Criminal complaints generally apply to non-public actionable offences, meaning the legal authorities will not automatically pursue the matter unless a formal complaint has been made. These non-publicly actionable offences include crimes such as defamation, certain forms of assault, or minor property crimes. For these types of offences, the victim’s explicit request to initiate legal proceedings is necessary to trigger a criminal investigation.
The Italian criminal complaint must include the nature of the offence, a description of the offender, and any other relevant evidence that may be deemed beneficial for the claim’s credibility. It must also specify the desire, on the part of the complainant, for the guilty party to be punished according to Italian law. In cases where the victim chooses to withdraw their complaint, they may do so, provided the accused party consents.
How do you file a criminal complaint in Italy?
Filing a criminal complaint in Italy can vary depending on the nature of the crime and the urgency of the situation. For non-emergency crimes, the complaint can be made in person at the local police station or the provincial headquarters, known as the questura.
When reporting an Italian crime, the police or carabinieri will take down the relevant details of the incident, including the names of the victim, the accused (if known), and a description of the events. The evidence collected, such as photographs, witness statements, or any other pertinent material, will then be forwarded to the public prosecutor’s office, where the investigation can proceed.
For foreign nationals unfamiliar with Italian legal proceedings, navigating this process can be daunting. Multilingual and multijurisdictional lawyers, who are familiar with Italian and English laws, can assist in filing the correct documentation, ensuring that the complaint meets the necessary legal standards. They can also facilitate communication between the victim and the Italian authorities, helping to overcome potential language barriers that might otherwise hinder the progression of the case.
For more information, request a callback with our Italian lawyers (Avvocato) here.
What is the difference between filing a criminal complaint in Italy and reporting a crime?
While both actions involve informing the authorities of a criminal incident, the victim typically makes a criminal complaint and contains a clear request for the perpetrator to be prosecuted. By contrast, a crime report may be made by anyone who has witnessed a crime, even if they are not directly involved.
A crime report should include essential details of the incident, providing as much information as possible to assist Italian law enforcement in their investigation.
How can Giambrone & Partners help?
Giambrone & Partners has extensive experience handling international legal matters, including criminal law in Italy. Our team of multilingual and multi-jurisdictional lawyers (Avvocato) can assist in drafting and filing complaints, representing clients in court and providing advice on Italian criminal law.
If you require our assistance, contact the Giambrone & Partners team for more information or to request a callback.
Frequently asked questions
Does Italy have a statute of limitations?
Under Italian law, the statute of limitations for a crime is initially set to match the maximum imprisonment term prescribed for that offence, with a minimum period of six years (Article 157 of the Italian Criminal Code).
If no substantial investigative actions are undertaken within this timeframe, the crime is considered time-barred and no longer prosecutable.
Related content
What are your rights as a victim of a crime in Italy?