Hiring an Italian criminal lawyer from abroad
Italy has had no compulsory fee scale since 2012: fees are agreed between lawyer and client, and the law requires the likely cost to be communicated in writing before the engagement. A court-appointed lawyer is not free — the cost falls on the client unless legal aid is granted, and legal aid has an income threshold of 13,659.64 euro.
How fees are set
Article 9 of Decree-Law 1/2012 abolished mandatory tariffs. What remains is Ministerial Decree 55/2014, which sets parameters used by a judge to assess fees where there is no agreement, or when costs are awarded — not a price list.
Article 13 of Law 247/2012 requires the lawyer to communicate in writing the foreseeable cost of the work, distinguishing between fees, disbursements and expenses. The same article prohibits any agreement making the fee a share of what is at stake, which in criminal matters has an obvious corollary: no fee can depend on the outcome. Anyone promising a result in exchange for a percentage is breaching the professional statute.
Why criminal fees are quoted in phases
Criminal work is measured in phases, not hearings: study of the file, the introductory phase, the evidentiary or trial phase, and the decision phase. Each level of jurisdiction is separate work — the investigation, the first instance, the appeal and the Court of Cassation are quoted independently, and so is the precautionary sub-proceeding.
This is why a serious estimate says which stage it covers and what happens if the case goes further. An estimate for "the case" without that specification will be renegotiated, to nobody's advantage.
| Item | What it covers | Reference |
|---|---|---|
| Professional fee | The lawyer's work, by phase and by stage | D.M. 55/2014 |
| General expenses | Flat 15% of the fee | Art. 2 D.M. 55/2014 |
| Disbursements | Travel, copies, service of documents | Documented |
| Taxes and contributions | VAT and the bar contribution | Added to the above |
| Not included unless stated | Defence investigations, experts, further stages | To be listed expressly |
The court-appointed lawyer is not free
This is the most expensive misunderstanding in the whole subject. Article 97 of the Code of Criminal Procedure guarantees that nobody is left without technical defence. It does not make that defence free: the appointed lawyer is entitled to fees, and they fall on the assisted person unless legal aid has been granted.
The difference between a court-appointed and a chosen lawyer therefore is not cost. It is choice — who defends you, and from what moment.
Legal aid: the threshold and how it works
| Element | Rule | Provision |
|---|---|---|
| Income threshold | 13,659.64 euro of taxable annual income | Ministerial Decree of 22 April 2025 |
| Household | Incomes of cohabiting family members are added | Art. 76 D.P.R. 115/2002 |
| Increase in criminal cases | Plus 1,032.91 euro for each cohabiting relative | Art. 92 D.P.R. 115/2002 |
| Income earned abroad | Non-EU nationals need a consular certificate | Art. 79 D.P.R. 115/2002 |
| When to apply | At any stage; it covers only work done after filing | Art. 93 D.P.R. 115/2002 |
| Choice of lawyer | From the list held by the local bar council | Art. 80 D.P.R. 115/2002 |
Two points cost people the benefit. The application only covers activity carried out after it is filed, so waiting until the first hearing leaves the investigation stage uncovered. And for non-EU nationals the consular certificate on income earned abroad takes time to obtain, so it has to be started immediately.
Appointing a lawyer without coming to Italy
You do not need to be in Italy. The appointment is a written declaration transmitted to the authority dealing with the case; specific steps that require a special power of attorney can be arranged remotely through the usual channels for certifying a signature abroad.
If the person concerned is in custody, a close relative can make the appointment under Article 96 of the Code of Criminal Procedure, as explained in the guide for families of someone arrested in Italy.
Five questions worth asking before you engage anyone
- Which stage does the quoted figure cover, and what happens if the case proceeds further?
- Are travel costs included, and how are they calculated?
- Are defence investigations and expert reports included, or quoted separately?
- What are the next deadlines in this case, and what happens if they pass?
- Who will actually handle the file and appear at hearings?
Frequently asked questions
Is there a fixed price for a criminal lawyer in Italy?
No. Mandatory tariffs were abolished in 2012. Fees are agreed, and Ministerial Decree 55/2014 provides parameters used by a judge where there is no agreement.
Is a court-appointed lawyer free in Italy?
No. The appointed lawyer is entitled to fees and they fall on the assisted person, unless legal aid at the State's expense has been granted.
What is the income limit for legal aid?
13,659.64 euro of taxable annual income, increased in criminal matters by 1,032.91 euro for each cohabiting family member.
Can I hire an Italian lawyer without travelling to Italy?
Yes. The appointment is a written declaration transmitted to the authority handling the case, and specific acts requiring a special power of attorney can be arranged from abroad.
If you need a figure
A meaningful estimate can only follow sight of the charge and the stage the case has reached; before that it is a number, not an estimate. First contact is free and covered by professional privilege.