Italian criminal procedure explained for English speakers
An Italian criminal case runs through four stages: investigation, the decision whether to prosecute, trial, and appeals. Almost everything that matters to you is a deadline attached to a document you receive in Italian. This page tells you which document is which, and how many days it gives you.
The four stages
| Stage | What happens | Reference |
|---|---|---|
| Investigation | The prosecutor investigates; you may not be told at first | Art. 326 ff. c.p.p. |
| Closing the investigation | You receive notice and may file submissions | Art. 415-bis c.p.p. |
| Decision | The case is dropped, or sent to trial | Art. 408 and 416 c.p.p. |
| Trial | Evidence is taken before the judge who decides | Art. 465 ff. c.p.p. |
| Appeal | Full review of facts and law | Art. 593 ff. c.p.p. |
| Court of Cassation | Points of law only | Art. 606 c.p.p. |
The document you have in your hand
People arrive with a sheet of paper and no idea what it is. These are the ones that actually arrive.
- Informazione di garanzia. Notice that you are under investigation and that an act involving your defence lawyer is about to take place. It is not a charge.
- Invito a comparire. An invitation to attend before the prosecutor. Attending without knowing your capacity is a mistake.
- Decreto di perquisizione. A search order. You are entitled to a copy of the record.
- Avviso di conclusione delle indagini. The investigation is closed. You have twenty days to file submissions, produce documents or ask to be questioned. This is the most under-used window in the whole system.
- Decreto penale di condanna. A conviction issued without a hearing, with a reduced financial penalty. You have fifteen days to object; if you do nothing it becomes final.
- Decreto di citazione a giudizio. A summons to trial, with a date.
The deadlines above run from service, not from the day you understood the document. If it arrived in Italian and you did not read it, say so early: the right to translation of these documents is set out in Article 143 of the Code of Criminal Procedure.
The ways a case can end early
Italian procedure offers several routes that avoid a full trial. Two produce a conviction; the others end the case without one, and that distinction matters far more than the difference in sentence.
| Route | Effect | Provision |
|---|---|---|
| Patteggiamento | Agreed sentence, reduced, no full trial — a conviction | Art. 444 c.p.p. |
| Rito abbreviato | Decision on the papers, sentence reduced — a conviction | Art. 438 c.p.p. |
| Messa alla prova | Suspension and a programme; success extinguishes the offence | Art. 168-bis c.p. |
| Oblazione | Payment extinguishes minor offences | Art. 162 and 162-bis c.p. |
| Particular tenuity | No punishment where the offence is truly minor | Art. 131-bis c.p. |
| Reparation | Full compensation extinguishes offences prosecuted on complaint | Art. 162-ter c.p. |
Patteggiamento is often translated as plea bargaining and it is not the same thing. You do not plead guilty: you agree with the prosecutor on a sentence and ask the judge to impose it. The judge can refuse. It still produces a conviction, with consequences that outlast the case.
How long it takes, and the limits on delay
Italian proceedings are slow, and the law now sets outer limits on the appeal stages: two years for the appeal court and one year for the Court of Cassation, extendable in complex cases. Exceeding them makes the prosecution inadmissible.
Separately, offences have limitation periods based on the maximum sentence, which stop running at first-instance judgment. The two mechanisms are different and are constantly confused, including in English-language material.
Being tried without being there
Since the 2022 reform a court may only proceed in your absence if it is actually established that you knew about the proceedings and chose not to attend. Where that is not established, the judge issues a judgment of no proceeding and searches are ordered.
So a conviction cannot simply appear behind your back — but the file stays open, and the position does not resolve itself. If you discover a case or a conviction you knew nothing about, there are remedies with short deadlines running from the day you found out.
The words you will keep seeing
| Italian | What it means | Note |
|---|---|---|
| Indagato | Person under investigation | Not yet charged |
| Imputato | Accused, once prosecution has begun | After committal |
| Archiviazione | The case is dropped | Ordered by the judge |
| Rinvio a giudizio | Committal for trial | End of the preliminary hearing |
| GIP and GUP | Judges of the investigation and preliminary hearing | Two distinct roles |
| Riesame | Review of a precautionary measure | Ten-day deadline |
| Prescrizione | Limitation period | Stops at first-instance judgment |
These terms are kept in Italian throughout this site on purpose: they are the words printed on your documents, and recognising them is more useful than an approximate translation.
Frequently asked questions
What is an avviso di garanzia?
A notice that you are under investigation and that an act requiring your lawyer's presence is about to take place. It is not a charge and it does not mean you will be prosecuted.
Is patteggiamento the same as a plea bargain?
Not quite. You do not plead guilty: you agree a sentence with the prosecutor and ask the judge to impose it, and the judge may refuse. It still results in a conviction.
Can I be tried in Italy without attending?
Only if it is established that you knew about the proceedings and chose not to appear. Otherwise the judge issues a judgment of no proceeding and searches are ordered.
How long do Italian criminal cases take?
Long, though the appeal stages now have outer limits of two years and one year. Offences also have separate limitation periods, which stop running at the first-instance judgment.
If you have received something
If a document has arrived recently, the first step is to identify it and count the days. That takes minutes. First contact is free and covered by professional privilege.