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Italian criminal procedure

What is this Italian legal document you received?

by Massimo Romano4 min readupdated 2026-08-05
Empty courtroom
Direct answer

Italian criminal documents arrive in Italian, and each carries its own deadline running from service — not from the day you understood it. This page identifies the ones that actually arrive and tells you how many days each one gives you. If it is not on the list, the safest assumption is that it is urgent.

Documents from the investigation stage

DocumentWhat it meansYour deadline
Informazione di garanziaYou are under investigation; an act involving your lawyer is comingNone, but appoint a lawyer
Invito a comparireInvitation to attend before the prosecutorThe date given
Decreto di perquisizioneSearch orderTen days to challenge a seizure
Verbale di sequestroRecord of what was takenTen days
Avviso di conclusione delle indaginiThe investigation is closedTwenty days to file submissions
Decreto di archiviazioneThe case has been closedNone; for victims, twenty days to object

The notice closing the investigation is the most under-used document in the whole system. Those twenty days allow submissions, documents and a request to be questioned, at the moment when the prosecutor has not yet decided. After it, the ground is much harder.

Documents that mean you are being prosecuted

DocumentWhat it meansYour deadline
Richiesta di rinvio a giudizioThe prosecutor asks for you to be sent to trialThe preliminary hearing date
Decreto di citazione a giudizioYou are summoned to trialThe hearing date
Decreto penale di condannaA conviction without a hearing, with a financial penaltyFifteen days to object
Ordinanza di custodia cautelareA precautionary measure has been imposedTen days for review
SentenzaJudgmentAppeal deadlines run from filing of the reasons

The decreto penale deserves particular attention because doing nothing is a decision. If you neither pay nor object within fifteen days it becomes final, and it is a criminal conviction that goes on the record. People treat it as a fine and discover years later that it was not.

The article numbers you will see

Italian documents cite the provision rather than naming the offence, so the number is often the only clue to what is alleged.

ReferenceSubjectWhere
Art. 73 D.P.R. 309/1990Drug offencesSpecial statute
Art. 74 D.P.R. 309/1990Association for drug traffickingSpecial statute
Art. 186 Codice della StradaDrink drivingHighway Code
Art. 582 c.p.Personal injuryCriminal Code
Art. 624 and 624-bis c.p.Theft, and theft in a dwellingCriminal Code
Art. 337 and 341-bis c.p.Resisting and insulting a public officialCriminal Code
Art. 416-bis c.p.Mafia-type associationCriminal Code
Art. 415-bis c.p.p.Notice closing the investigationProcedure

c.p. is the Criminal Code, c.p.p. the Code of Criminal Procedure. A reference to a Presidential Decree or a Legislative Decree means the offence sits in a special statute outside the code.

You are entitled to a translation

Written translation of the essential documents is a right, not a favour: the notice of investigation, precautionary orders, the notice closing the investigation, summonses to trial and judgments must be translated for a person who does not understand Italian, free of charge.

Ask for it early and in writing. It also matters later: whether you actually knew about the proceedings is the question on which the rules about being tried in your absence turn.

If it arrived at an address outside Italy

A document served abroad still starts the deadline. Ignoring it does not suspend anything, and the remedies available afterwards are narrower and harder than acting within the period. If you have received something and are not in Italy, the first step is identification and counting, and neither requires you to travel.

Frequently asked questions

What is an avviso di garanzia?

Notice that you are under investigation and that an act involving your lawyer is about to take place. It is not a charge and does not mean you will be prosecuted.

I received a decreto penale di condanna. Can I ignore it?

No. If you neither pay nor object within fifteen days it becomes final, and it is a criminal conviction that goes on your record.

Do the deadlines run even if I do not read Italian?

Yes, they run from service. You are entitled to free written translation of the essential documents, and you should request it in writing straight away.

What does 415-bis mean on my document?

It is the notice closing the investigation. You have twenty days to file submissions, produce documents or ask to be questioned before the prosecutor decides.

If a document has arrived

Identifying it and counting the days takes minutes and decides what is still possible. First contact is free and covered by professional privilege.

Reachable 24 hours

Tell me what has happened

First contact is free and covered by professional privilege, at any hour including nights and holidays.

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