A Practical Guide for Foreign Nationals

Italian Criminal
Proceedings explained

This guide explains how criminal proceedings generally develop in Italy, what the most common official documents mean, and why identifying the procedural stage of your case is often more important than understanding the legal terminology used in the documents themselves.

Most people involved in Italian proceedings share the same first problem: they have received a document they do not fully understand and do not know whether it requires an urgent response, whether the proceeding is still active, or what is likely to happen next. The answer depends almost entirely on where the case currently stands, and that is what this guide is designed to help you identify.

The italian system

if you are a victim

GLOSSARY

The Italian system

STAGE 1

The Investigation

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The document you have received is the first formal sign that you are being investigated. It does not mean you have been charged with anything, and many investigations conclude without any prosecution. What it does mean is that Italian authorities have registered your name in connection with an alleged offense, and that you now have the right to appoint a defense lawyer.

One thing that surprises many people is that by the time this first document arrives, the investigation may have been underway for months. The prosecutor in Italy directs the investigation personally before deciding whether to proceed, which is why there may have been no earlier warning.

The first formal notice you receive will normally tell you both that you are under investigation and what offense is alleged, and that you have the right to appoint a defense lawyer. If you have not appointed one yet, this is the moment to do so.

If the investigation progresses to the point where the prosecutor has concluded that the evidence is sufficient to proceed, a second and more consequential document arrives. This one signals that the investigation has closed and that formal charges are likely to follow. From the day it is served, you have twenty days to respond: to submit a written defense, ask to be heard by the prosecutor, or produce documents. What your lawyer does in that window can significantly affect how the case develops, and missing it closes options that cannot be recovered.

🔔 DOCUMENT:

→ Notice of conclusion of investigation (avviso di conclusione delle indagin) - This document means the investigation is closing and formal proceedings are likely to follow. It comes with a twenty-day response deadline that begins to run from the date of service. In many cases it is also the first document to formally notify you of your right to defense counsel, making it simultaneously the first notification that you are under investigation and the last opportunity to present a defense position before charges are filed.

⚠️ IF YOU ARE AT THIS STAGE
Send whatever document you have received to a lawyer before taking any other step. The significance of official communications from Italian prosecutors is rarely obvious from the document itself, and response deadlines, where they exist, begin to run from the date of notification. Learn about criminal defense for people in your situation. →

STAGE 2

From Investigation to the Judicial Hearing

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Once the investigation is closed, the prosecutor has a decision to make: either request that the case be closed without charges, or bring it before a judge. If closure is requested, the person who suffered the alleged offense has the right to oppose that request before the judge rules on it. This is why this stage matters not only for defendants but also for victims: a well-founded and timely opposition can change the outcome.

If the prosecutor decides to proceed, the case moves to a judicial hearing. Depending on the seriousness of the offense, this takes one of two forms, but the function is the same in both cases: a judge reviews the evidence and decides whether the case should go to a full trial. It is also at this hearing, and not later, that a defendant can choose an alternative to a full trial. Under the rules currently in force, those options are only available at the judicial hearing stage and close when the hearing ends. If the case continues to trial, they are no longer available.

🔔 DOCUMENTS NOTIFYING YOU OF THE JUDICIAL HEARING

→ Depending on the nature of the proceedings, you will receive either a notice of the hearing accompanied by the prosecutor's request, or a direct citation to appear before the court. This document marks the transition from investigation to the judicial phase and defines the charges. Receiving it means a defense strategy needs to be fully in place before the hearing date.

⚠️ IF YOU ARE AT THIS STAGE
The judicial hearing determines whether your case proceeds to trial, and the options available to you, including alternatives to trial, are tied to deadlines that expire when the hearing ends. This stage requires immediate legal attention. Learn about criminal defense for people in your situation. →

STAGE 3

Trial

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If the judge decides that the case should proceed, it moves to trial. This is the stage at which the prosecution and the defense present their cases before a judge or panel. Witnesses may be examined, experts may be heard, documentary evidence is produced, and both sides have the opportunity to challenge the evidence relied upon by the other before the court reaches its decision.

Being sent to trial does not mean that you have been found guilty. It means that the judge has concluded there is sufficient evidence for the allegations to be examined in court. Whether those allegations are ultimately proved is decided only after the trial has been completed.

⚠️ IF YOU ARE AT THIS STAGE
Once the trial has begun, preparation becomes essential. If you live outside Italy, many procedural activities can still be managed through your lawyer without requiring your constant presence in the country, although attendance may be necessary for particular hearings depending on the circumstances. Read how legal representation works if you live outside Italy. →

STAGE 4

Judgment and Appeals

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Following the trial, the court delivers a judgment. Both the defendant and the prosecutor may appeal to the Court of Appeal within a fixed deadline calculated from the date the full written judgment is served, which may be weeks or months after the decision was announced in court. A further challenge on points of law can be brought before the Court of Cassation, which reviews whether the law was correctly applied, without re-examining the facts of the case.

⚠️ IF YOU ARE AT THIS STAGE
Appeal deadlines are among the most consequential in the entire proceeding. The deadline runs from the service of the full written judgment, not from the date you become aware of the decision, and it cannot be extended. A judgment not challenged within the applicable time limit becomes final and enforceable, even if there are genuine legal grounds for a successful appeal. Do not wait before seeking advice. Book an Initial Case Assessment. →

If you are a victim

How Victims participate in Italian criminal proceedings

If you have been harmed by a crime connected with Italy, you are not simply a witness in someone else’s case. Italian procedure gives victims a direct and active role, one that may be unfamiliar to those from common law countries, where the criminal case is a matter between the state and the defendant and the victim’s only formal role is to testify if called. A victim who formally joins the proceedings as a civil party becomes a full participant in the case: with the right to examine witnesses, present evidence, and make submissions that can directly influence the outcome, not only the amount of any damages awarded, but the establishment of criminal responsibility itself. This is very different from the role of victims in common law countries, particularly the United States, where victims have no independent standing in a criminal case. To take on this role, you must formally join the proceedings at the judicial hearing stage, before that hearing reaches the point where the parties’ positions are confirmed. This deadline is earlier than most people expect, and it matters: if the case is resolved at that stage through an alternative procedure, a victim who has not yet joined may find the proceedings have ended without their participation. Once that moment passes, the right is permanently lost, even if the criminal case continues. Anyone who has been harmed by a crime connected with Italy should seek legal advice well before the judicial hearing takes place.

If you have been the victim of a crime connected with Italy

Whether you still live in Italy or have returned to your home country, you may retain the right to participate in the proceedings and seek redress. The first step is identifying which of your procedural rights are still available and whether any deadlines have already passed. Distance from Italy does not automatically mean you have no options, but some options may close sooner than you expect. Learn about victim representation in Italy.

Appendix

Glossary of Italian legal terms

Pubblico Ministero (PM): The public prosecutor. In Italy, the prosecutor directs the investigation personally before deciding whether to bring charges, which gives this role a broader function than that of a prosecuting attorney in many common law systems.
GIP (Giudice per le Indagini Preliminari): The judge responsible for supervising investigative measures during the investigation phase. The GIP does not conduct the investigation but decides on acts requiring judicial oversight, such as wiretapping authorizations and preventive detention. The GIP is not the trial judge.
GUP (Giudice dell'Udienza Preliminare): The judge who presides over the preliminary hearing and decides whether the evidence is sufficient to justify sending the case to trial. The GUP is also not the trial judge: under Italian law, the investigation, preliminary hearing, and trial stages are always presided over by different judges.
Indagato: A person registered as a suspect in a criminal investigation. Being an indagato does not mean you have been charged. Many investigations are closed without charges being brought.
Imputato: A person who has formally acquired defendant status by virtue of the exercise of criminal action by the Public Prosecutor (art. 60 c.p.p.). This status is acquired before the judicial hearing, not as a result of it. The hearing's role is to determine whether the case should proceed to trial.
Informazione di garanzia (art. 369 c.p.p.): A formal notice served whenever an investigative act requires the presence of a defense lawyer. It identifies the offense and informs the suspect of their right to appoint defense counsel. It is an accessory act, not a standalone document: it accompanies the first procedural step requiring defense counsel, which in many cases is the avviso di conclusione delle indagini (art. 415-bis c.p.p.) itself.
Avviso di conclusione delle indagini (Art. 415-bis c.p.p.): The notice issued at the close of the preliminary investigation, signaling that the prosecutor intends to exercise criminal action. It gives the suspect a twenty-day window to submit a defense brief, be heard by the prosecutor, or produce evidence. It is not a tool for deciding between charges and archiving: a prosecutor oriented toward archiving would proceed under art. 408 c.p.p. instead. The 415-bis represents the last opportunity to present a defense position before formal proceedings begin.
Archiviazione: The judicial act by which the GIP orders a case to be filed without charges, following a request by the Public Prosecutor (richiesta di archiviazione). The term refers to the GIP's decision, not the prosecutor's request. The person who suffered the alleged offense may oppose the request before the GIP rules on it.
Giudizio abbreviato: An alternative procedure in which the defendant requests that the case be decided by the GUP on the basis of the investigation file, without a full trial. Italian law provides for a potential reduction in sentence in the event of conviction. Eligibility conditions apply.
Patteggiamento: An agreement between the defendant and the prosecutor on a proposed sentence, which the court ratifies if it considers it legally appropriate. Often referred to informally as Italian plea bargaining, though it differs from the common law model in several respects. Sentence caps and eligibility conditions apply.
Persona offesa: The person who has suffered the harm caused by the alleged offense. The persona offesa holds procedural rights throughout the proceedings, including the right to be informed of investigative developments and to oppose archiving requests.
Parte civile and costituzione di parte civile: A victim who formally joins the criminal trial as a full procedural party. The parte civile has the right to examine witnesses, present evidence, and make submissions that may directly affect the outcome of the case, not only the quantification of damages. The constitution (costituzione di parte civile) must be completed at the judicial hearing stage: at the preliminary hearing, before the initial checks on the constitution of the parties are concluded, or at the pre-trial hearing, before the completion of the acts under art. 554-bis co. 2 c.p.p. Once that moment passes, the right to participate as a party is permanently lost.

Where are you now?

Every criminal case is different. This guide explains how Italian criminal proceedings generally work, but it cannot determine the procedural stage of your own case or the options that remain available to you. Those questions can only be answered after reviewing the documents relating to your specific situation.

Understanding the procedural stage of your case is often the difference between having options and discovering that important deadlines have already passed.

Enrico Costantini – Criminal Defense Lawyer

Admitted to the Verona Bar Association, n. 3750
VAT ID 04864420239

PHONE & WHATSAPP: +39 351 361 2721

STUDIO: Via del Minatore 5/B – 37122 Verona ITALY

E-MAIL: info@avvocatoenricocostantini.it

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Understanding Criminal proceedings Italy