A relative has been arrested in Italy: what to do today
You do not have to wait for them to call you. Article 96 of the Italian Code of Criminal Procedure allows a close relative to appoint the defence lawyer for a person who has been arrested, for as long as that person has not appointed one themselves. That single act is what opens every other door: without a lawyer on record, offices are not obliged to tell you anything.
The one thing only you can do
This is the part almost nobody knows, and it is the reason families lose the first two days. In the hours after an arrest the person is often in no position to appoint anyone, and Italian offices will not discuss a case with a third party — not with a spouse, not with a parent.
Article 96, third paragraph, solves it: a close relative may appoint the lawyer, using the same simple form the person would use. Spouse, civil partner, parents, children, brothers and sisters all qualify. It is a written declaration, not a notarial deed, and it can be transmitted by the lawyer to the authority handling the case.
From that moment the lawyer can find out which authority is proceeding, when the validation hearing is listed, and go and see the person in custody.
Finding where they are
In the first hours the person is almost never in prison yet. They are held at the station or barracks of the force that made the arrest, waiting to be brought before the prosecutor. Start there, not with the prisons.
| What you need | Why | Where to get it |
|---|---|---|
| Full name and date of birth | Identification in the records | Family documents |
| Place and time of the arrest | Identifies the competent station | Witnesses, anyone present |
| Which force intervened | Carabinieri, Polizia di Stato or Guardia di Finanza | Anyone who saw it |
| Copy of any paperwork left behind | Names the prosecutor's office and case number | Left at the address if there was a search |
| The alleged offence | Sets the timeline and what is at stake | The officers, or the paperwork |
If there was a search at a home or hotel, the copy of the record left with whoever was present is the single most useful document a family can hold: it normally names the prosecutor's office and the file number.
What the embassy will and will not do
Consular assistance is real, and it is not legal defence. The embassy or consulate can check on conditions of detention, keep contact with the family, help with sending documents and money, and provide a list of local lawyers.
It will not take on the defence, it will not choose the lawyer for you, and it will not pay the fees. Families lose weeks by waiting for the consulate to solve something the consulate has no power to solve, and those weeks are the ones in which the validation hearing and the first review deadline fall.
Visits, money and contact
- Visits. Six a month under the ordinary regime, in a supervised room. Authorisation comes from the judge while the person is awaiting trial, and from the prison governor after the first-instance judgment.
- Money. Cash cannot be handed over directly. It is paid into an account held by the prison and credited to the person's internal account, from which they buy food, toiletries and phone credit.
- Parcels. Allowed within limits of weight, contents and frequency set by each individual prison. Rules differ from one institution to another, so ask the records office before travelling.
- Medicines. Never sent by the family. Any ongoing treatment is reported to the prison health service, which provides it.
- The lawyer's visits. These do not count against the family allowance and are confidential.
If there is a health problem
Report it in writing on day one, both to the prison health service and, through the lawyer, to the authority handling the case. It is not only a matter of care: under Italian law a serious illness that cannot be properly treated in detention prevents custody in prison altogether, and the documentation produced in the first weeks is what later supports an application.
Frequently asked questions
Can I appoint a lawyer for my son or husband?
Yes, if you are a close relative. Article 96 of the Code of Criminal Procedure allows a close relative to appoint the defence lawyer while the arrested person has not done so themselves.
Where do they take someone who has just been arrested?
Usually to the station of the force that made the arrest, pending transfer to the prosecutor within 24 hours. Only afterwards are they taken to the local prison.
Will the embassy pay for a lawyer?
No. Consular assistance can check conditions of detention and keep contact with the family, but it does not take on the defence and does not cover legal fees.
Can I send money?
Not directly. Money is paid into an account held by the prison and credited to the detainee's internal account, from which they can make purchases inside.
If this happened in the last few hours
With a name, a place and a time, the search can start immediately, and the appointment can be made by you today. First contact is free and covered by professional privilege, at any hour including nights and holidays.