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Victims of a Crime in Italy Rights and Procedures to Be Aware Of
Falling victim to a crime can be an exhausting and upsetting experience, especially when the crime happens in an unfamiliar country, it can add extra distress to an already challenging time. Making yourself aware of the various laws, rights and procedures in Italy can make the process of reporting a crime much smoother and working with Italian criminal lawyers can give you the peace of mind that your case is in the best hands.
In our comprehensive guide, we will cover your rights as the victim of a crime in Italy, as well as the legal requirements for attempting to prove guilt. We will also explain how you can report a crime in Italy, the process of filing a complaint, and how our international lawyers at Giambrone and Partners can help.
Click on the links below to jump to that section:
Discover your rights should you be the victim of a crime in Italy
Discover the evidence you need to gather to attempt to prove the guilt of the perpetrator in Italy
Find out how an international criminal lawyer can help you report a crime in Italy
Filing a criminal complaint does not have to be a complicated process
Here is how our lawyers at Giambrone and Partners can help
What are my Rights as a Victim of a Crime in Italy?
If you are the victim of a crime in Italy, you should contact emergency services as soon as possible by calling 112. Crimes that are not considered an immediate emergency can be reported to the provincial headquarters (questura) or the Carabinieri at the local police station. Crimes such as petty theft and pickpocketing can be reported online.
Once you have reported a crime, the Criminal Investigation Department (CID) should inform you of your rights. You can also seek legal counsel from the Italian state; if you do not speak Italian, your rights can be explained to you in your own language. You also have a right to:
- Legal advice and aid paid for by the Italian state
- Translation of documents
- The right to seek compensation or damages or injuries
- Access to victim support services like shelters
Your Italian criminal lawyer (Avocatti) will exercise your rights, and guide you through the process.
As a foreign national, you are entitled to the same rights as an Italian national. You also have the right to access free interpretation services during police questioning, court proceedings and whilst receiving essential information. You may also be entitled to compensation from the perpetrator of the crime or through the State if they cannot pay.
You can find out more about your rights as the victim of a crime in our previous guide here.
Legal Requirements for Proving Guilt in Italy
When attempting to prove the guilt of a perpetrator of a crime in Italy, the burden of proof falls upon the individual claiming to be the victim of said crime. This burden of proof is governed by the civil code; anyone wishing to prosecute someone for a crime must present evidence that a crime has taken place. The defendant may also provide evidence to prove their innocence.
In Italy, defendants must be found guilty “beyond reasonable doubt.” To prove a crime has been committed, the evidence that can be presented include:
- Direct evidence, such as eyewitness accounts, recordings and DNA
- Circumstantial evidence, such as fingerprints and past threats
- Testimonial evidence, which takes place in court under oath
- Forensic evidence, such as clothing and hair fibres
You can gather evidence with the help of one of our multi-lingual and multi-jurisdictional criminal lawyers today.
The accused also has rights during criminal proceedings. They have the right to present a defence and should be presumed innocent until proven otherwise. They also have the right to an interpreter if they do not speak Italian. If a crime cannot be proven, for whatever reason, the victim unfortunately cannot appeal the decision. A retrial can be requested in rare circumstances but only if substantial new evidence is found.
You can find out more in our previous guide here.
How Do I Report a Crime in Italy?
There are two ways to report crimes in Italy depending on whether you are the victim or a witness. If you are the victim, you must ring 112 immediately, or report a non-urgent crime to the local police station. If you are a witness, there is no legal obligation to report anything. There are, however, some circumstances where reporting that you’ve witnessed a crime becomes mandatory, such as terrorism offences, the discovery of explosives, or receiving counterfeit currency.
Although you can report a crime that happened in Italy from the UK, it is highly recommended that you report it before you leave the country, you can contact the Italian authorities directly from the UK. For more serious crimes, like human trafficking, you can report it to international organisations such as Europol. You can also utilise the skills of a multilingual Italian lawyer, who can speed up processes where delay occurs due to language differences.
You can lodge a police report either in person or online.
You can find out more in our previous guide here .
Filing a Criminal Complaint in Italy
An Italian criminal complaint (querela) is a formal statement that can be made by the victim of a crime. Criminal complaints usually apply to non-public actionable offences, such as defamation of character, certain types of assault, and minor property crimes. For these offences, the victim needs to make a formal complaint before action can be taken. The complaint must contain the nature of the offence, a description of the offender, and any other relevant information.
Complaints can either be filed at a local Italian police station or the provincial headquarters. You can request the help of an Italian lawyer (Avocatti) to help you file your complaint.
In Conclusion
Navigating Italian criminal law as a victim of a crime can be a difficult experience on top of an already stressful time. Our qualified international criminal lawyers can assist you in the processes, whether you are located in Italy or the UK. We can translate important documents on your behalf, and represent you during any court proceedings.