House arrest in Italy: the rules that actually apply
House arrest is detention carried out at an address rather than in prison, and the rule that catches people is the same everywhere: leaving that address without authorisation is the separate criminal offence of escape, punished with one to three years. It is charged for absences of minutes, and it is charged for stepping into the shared parts of a building.
What counts as leaving
The offence is committed by leaving the place indicated in the order, and the boundary is narrower than people assume. A private garden in exclusive use is normally inside; a landing, an entrance hall, a shared courtyard, the pavement outside are normally not.
The cases that arise are almost never dramatic. Going down to take a delivery, moving a car, throwing out rubbish, standing outside to smoke: each of these has produced a prosecution. Nothing turns on the reason or on the duration.
- Have the exact boundaries of the place clarified in the order itself, in writing.
- Arrange for deliveries and rubbish to be handled by someone else.
- Do not open the door of the building; ask whoever is calling to come up.
- Where the address has more than one entrance or floor, ask for the order to state what is included.
What can be authorised
| Situation | Position | Note |
|---|---|---|
| Work | Can be authorised where necessary for essential needs | Requires a documented job |
| Medical treatment | Authorised on documented need | Urgent care first, then notify |
| Court hearings | Provided for in the order or authorised | Arrange in advance |
| Family emergencies | Authorisation may be sought urgently | Do not act first |
| Shopping and errands | Generally not authorised | Must be done by others |
| Contact with others | The order may prohibit specified contacts | Includes telephone and messages |
Every one of these requires authorisation obtained in advance from the authority that imposed the measure. Acting first and asking afterwards is precisely what produces the escape charge, and an urgent medical situation is the only realistic exception — and even then the notification should follow immediately.
The electronic tag
The tag is what allows house arrest instead of prison. It requires consent: refusal generally results in custody, because without the device the court has no equivalent means of supervision. Where no device is available, the defence should argue that an administrative shortage cannot translate into imprisonment.
Practically, the device requires a working power supply and a signal at the address, and both should be checked before the address is proposed. A tag that fails repeatedly generates alerts that are read as attempted breaches.
Checks, and what to do if you are not at the door
Police check attendance at any hour, including at night, and the check is a knock. Not answering is treated as absence.
If a check is missed for a genuine reason — asleep, in the shower, a bell that does not work — report it immediately and in writing to the lawyer and the authority, rather than waiting to explain later. A single unexplained absence in the file is enough to found an application to aggravate the measure.
Changing the measure
The measure can be varied at any time, without a deadline, where the risks have weakened or circumstances have changed: work found, a treatment programme started, time elapsed and evidence gathered. Applications supported by documents succeed; applications asserting good behaviour do not.
The initial ten-day review, and the framework of measures, are in the guide on precautionary measures; where the house arrest is a way of serving a sentence rather than a precautionary measure, the position is in alternatives to prison.
Frequently asked questions
Can I go outside the door of the building?
No. Shared parts such as landings, entrance halls and courtyards are generally outside the place of execution, and leaving it is the offence of escape.
Can I go to work?
Only with authorisation obtained in advance, where it is necessary for essential needs and the employment is documented.
What if I miss a police check?
Report it immediately and in writing to your lawyer and the authority. An unexplained absence in the file can support an application to make the measure stricter.
Do I have to accept the electronic tag?
Consent is required, and refusal generally results in custody, because without the device the court has no equivalent means of supervision.
If a check has been missed or a charge has followed
An escape charge is answered on the facts of the moment, and the sooner it is documented the better. First contact is free and covered by professional privilege, at any hour.