Victim of a crime in Italy: reporting and claiming
Two words are used interchangeably and mean different things. A denuncia reports facts that are prosecuted regardless of the victim's wishes. A querela is a formal request to prosecute, required for many offences and subject to a three-month deadline running from when you learned of the facts. Miss it and the case cannot proceed, however clear the evidence.
Denuncia and querela
| Element | Denuncia | Querela |
|---|---|---|
| Nature | Reporting facts | Request that proceedings be brought |
| When required | Offences prosecuted of the authority's own motion | Offences requiring the victim's request |
| Deadline | None | Three months from learning of the facts |
| Withdrawal | Does not stop proceedings | Extinguishes the offence |
| Typical offences | Robbery, serious injury, sexual offences | Theft, minor injury, threats, defamation |
The practical consequence for a visitor is immediate: for most of what happens to tourists — theft, minor injury, threats, damage — nothing at all happens unless a querela is filed within three months. Reporting the facts and going home is not the same as filing one.
How to file
Both can be filed at any police station, at the Carabinieri, or directly with the prosecutor's office. You are entitled to an interpreter and to a copy of what you have filed — ask for it and keep it, because insurers, employers and consulates will all want it.
- State facts and dates precisely, and identify witnesses by name where you can.
- Attach medical certificates, photographs, receipts and anything showing value.
- Ask expressly to be informed if the prosecutor applies to close the case. Without that request you may never be told.
- Note down the file number given to you.
- If you are leaving Italy, give an address for service and an email you actually read.
The third point is the one that costs people their case. Without a declaration that you wish to be informed, an application to close the file can be granted without you ever knowing there was one.
If they want to close the case
If you asked to be informed, you receive notice of the prosecutor's application and have twenty days to object. An objection that merely expresses disagreement is inadmissible: the law requires you to specify what further investigation should be carried out and what evidence supports it.
That is a technical document, and it is the point at which a lawyer for the injured party earns their fee. Where it succeeds, the judge may order further investigation or direct that a charge be brought.
Claiming compensation inside the criminal trial
Italian procedure allows the injured party to bring the compensation claim within the criminal proceedings, as a parte civile. It has to be done by a deadline that arrives early — before the checks on the parties' appearance are completed at the preliminary hearing or at the opening of the trial — and it is not extendable.
The advantage is access to the evidence gathered by the prosecutor, and the possibility of an immediately enforceable interim award. The trade-off is that criminal proceedings are slow, and an acquittal on the merits can prejudice a later civil claim. Whether to do it depends on the strength of the case and on whether the defendant has anything to pay with.
If you have already left Italy
You do not need to return to file, to instruct a lawyer or to be joined as a civil party: those steps can all be handled through a lawyer here. Attendance may be required to give evidence, and there are ways of dealing with that which are worth raising early rather than on the eve of the hearing.
Frequently asked questions
What is the difference between denuncia and querela?
A denuncia reports facts prosecuted regardless of your wishes. A querela is a request to prosecute, required for many offences and subject to a three-month deadline.
How long do I have to report a crime in Italy?
Where a querela is required, three months from when you learned of the facts. Where the offence is prosecuted of the authority's own motion, there is no deadline.
Can I claim compensation in the criminal case?
Yes, by joining as a civil party, but the deadline arrives early — before the checks on the parties are completed — and it cannot be extended.
Do I have to come back to Italy?
Not to file, instruct a lawyer or join as a civil party. Attendance may be needed to give evidence, and that can be addressed in advance.
If something happened to you in Italy
The three-month deadline runs from when you learned of the facts, not from when you got home. First contact is free and covered by professional privilege.