Italian criminal law terms explained in English
Italian documents use terms that have no exact equivalent in English, and translating them loosely causes real mistakes — the most expensive being to read patteggiamento as a guilty plea, or prescrizione as a limitation period that keeps running to the end. These are the words you will actually see, with what each one means.
Who is who
| Term | Meaning | Note |
|---|---|---|
| Indagato | Person under investigation | Not yet charged |
| Imputato | Accused, once prosecution has begun | After committal |
| Persona offesa | The person who suffered the offence | Has procedural rights |
| Parte civile | Injured party claiming damages in the criminal case | Early, non-extendable deadline |
| Persona informata sui fatti | Someone who knows about the facts | Must attend and answer |
| Difensore di fiducia | Lawyer you appoint | Can be appointed by a close relative |
| Difensore d'ufficio | Appointed lawyer | Not free of charge |
| Pubblico ministero | Prosecutor | A career magistrate, not elected |
| GIP and GUP | Judges of the investigation and preliminary hearing | Two different roles |
Documents, and the deadline each carries
| Term | Meaning | Deadline |
|---|---|---|
| Informazione di garanzia | Notice that you are under investigation | None, but appoint a lawyer |
| Invito a comparire | Invitation to attend before the prosecutor | The date given |
| Avviso di conclusione delle indagini | The investigation is closed | Twenty days for submissions |
| Richiesta di rinvio a giudizio | Application to send you to trial | The hearing date |
| Decreto penale di condanna | Conviction without a hearing | Fifteen days to object |
| Ordinanza di custodia cautelare | Precautionary measure imposed | Ten days for review |
| Archiviazione | The case is closed | Victims: twenty days to object |
| Sentenza | Judgment | Appeal runs from the written reasons |
Each of these is dealt with in the guide on identifying an Italian legal document.
Detention and measures
| Term | Meaning | Note |
|---|---|---|
| Misura cautelare | Precautionary measure during proceedings | Not a sentence |
| Custodia cautelare in carcere | Pre-trial detention in prison | Last resort by law |
| Arresti domiciliari | House arrest | Requires a suitable address |
| Braccialetto elettronico | Electronic tag | Consent required |
| Riesame | Full review of a measure before three judges | Ten days |
| Convalida | Validation hearing after an arrest | Within 96 hours |
| Latitanza | Formal declaration that a person is evading | Affects later applications |
Ways a case ends
| Term | Meaning | Leaves a conviction? |
|---|---|---|
| Patteggiamento | Agreed sentence, judge may refuse | Yes |
| Rito abbreviato | Judgment on the papers, sentence reduced | Yes |
| Messa alla prova | Programme completed, offence extinguished | No |
| Particolare tenuità | Act too slight to punish | No |
| Oblazione | Payment extinguishing a minor offence | No |
| Assoluzione | Acquittal | No |
| Non doversi procedere | Proceedings cannot continue | No |
The comparison is set out in ending an Italian case early.
Sentence, execution and afterwards
| Term | Meaning | Note |
|---|---|---|
| Prescrizione | Limitation period | Stops at the first-instance judgment |
| Sospensione condizionale | Suspended sentence | Not executed absent further offending |
| Non menzione | Conviction kept off your own certificate | Must be requested at the hearing |
| Casellario giudiziale | Criminal record register | Different certificates show different things |
| Carichi pendenti | Certificate of pending proceedings | Not the same as a record |
| Affidamento in prova | Sentence served under social services supervision | Success extinguishes the sentence |
| Liberazione anticipata | Reduction for each six months served | Shortens the residual |
| Riabilitazione | Extinguishes the effects of a conviction | Three years after service |
Places and authorities
Questura is police headquarters and also handles residence permits. Commissariato is a local station of the same force; caserma is the Carabinieri equivalent. Procura della Repubblica is the prosecutor's office, not police. Tribunale is the court. Corte d'appello and Corte di cassazione are the appellate stages, the second reviewing points of law only.
Who does what is set out in Italian police and courts: who is who.
Frequently asked questions
What is the difference between indagato and imputato?
Indagato is a person under investigation; imputato is the accused once prosecution has begun. The rights differ and so does the stage.
Is prescrizione the same as a limitation period?
Only up to a point. It stops running at the first-instance judgment, and separate outer limits then apply to the appeal stages.
What does archiviazione mean?
The case has been closed. Injured parties who asked to be informed have twenty days to object, specifying what further investigation should be done.
Is a difensore d'ufficio free?
No. The appointed lawyer is entitled to fees, which fall on the assisted person unless legal aid has been granted.
If a term on your document is not here
Identifying the document is usually a matter of minutes, and it tells you what the deadline is. First contact is free and covered by professional privilege.