Holding someone, or forcing them: restraint and coercion
Depriving someone of freedom of movement is an offence carrying six months to eight years, and it does not require a hostage situation. It is charged for episodes lasting minutes: preventing someone from leaving a room, blocking a car, holding a suspected shoplifter in a back office beyond what the law allows.
The three provisions
| Offence | Conduct | Provision |
|---|---|---|
| Unlawful restraint | Depriving someone of personal liberty | Art. 605 Criminal Code |
| Private coercion | Using violence or threats to force conduct | Art. 610 |
| Coercion to commit an offence | Forcing someone to commit a crime | Art. 611 |
| Inducing a state of incapacity | By violence, hypnosis or substances | Art. 613 |
| Trespass to a dwelling | Entering or remaining against the occupier's will | Art. 614 |
Private coercion is the residual provision: it covers making someone do, tolerate or omit something by violence or threat, where no more specific offence applies. It is charged very widely, which is also why the definition of violence in this context is regularly argued — including whether purely physical obstruction, without contact, is enough.
Where it actually arises
Shops and hotels. Detaining a suspected shoplifter is lawful only within the narrow limits allowing a private citizen to arrest in flagrante for offences where arrest is permitted, and only for the time strictly necessary to hand the person over. Beyond that it becomes unlawful restraint, and it is charged against staff and managers.
Vehicles. Refusing to let a passenger out, blocking another car in a dispute, or driving on when someone asks to stop have all produced prosecutions.
Family and relationships. Preventing someone from leaving the home, taking documents or keys, confining someone during an argument. These charges frequently accompany the ones dealt with in stalking and domestic violence.
Debt and business disputes. Detaining someone until they pay or sign is restraint, and where a payment is demanded the charge moves to extortion, dealt with in extortion or enforcing a debt.
What is argued
- Duration and reality of the restriction. A brief obstruction that left an alternative way out is not the same as deprivation of liberty.
- Consent. Where the person remained voluntarily, the offence does not arise, and messages and movements usually show which it was.
- Lawful arrest by a private citizen. Available only in the cases the code allows, and only for the time strictly necessary.
- Necessity. Preventing someone from driving while plainly unfit, or from harming themselves or others, is argued on this basis.
- Whether violence or threat occurred at all, for coercion, since the boundary with insistence is where these cases divide.
What makes it far more serious
Restraint aggravated by the purpose of obtaining a ransom is a different offence altogether, with brackets among the highest in the code and its own rules. So is restraint for the purpose of exploitation, which falls within the trafficking provisions dealt with in immigration and exploitation offences.
Where the person restrained is a minor, or where the restraint is committed by several people or with weapons, aggravating circumstances apply that change the precautionary position from the first day.
Frequently asked questions
Is stopping someone from leaving a crime in Italy?
It can be. Depriving a person of freedom of movement is an offence carrying six months to eight years, and it is charged for episodes lasting minutes.
Can shop staff detain a suspected shoplifter?
Only within the narrow limits allowing a private citizen to arrest in flagrante, and only for the time strictly necessary to hand the person over.
Is blocking a car unlawful restraint?
It has been prosecuted as such where it deprived the occupants of freedom of movement. Whether an alternative way out remained is the question.
What is private coercion?
Forcing someone by violence or threat to do, tolerate or omit something, where no more specific offence applies. Where a payment is demanded, the charge becomes extortion.
If a charge of this kind has been made
Duration, alternatives and what was said are the whole case, and they are established from footage and messages in the first days. First contact is free and covered by professional privilege.