Direct answer
This section gathers guidance in English on Italian criminal proceedings, arranged by the situation a reader is actually in. The emergency material covers arrest, custody, house arrest and what a family can do on the day; the procedural material explains the stages, the documents that arrive and the deadlines that bind the defence; separate groups deal with individual offences and defences, with surrender between states, and with the practical questions of cost, representation and seized property.
What it is for is orientation before decisions are made. Italian procedure fixes short deadlines at the outset, offers no release on payment of money, and gives the appointed defence lawyer powers that nobody else has, including the family and the consulate. Each guide states what the relevant deadline is and what the reader can do about it, so that the choice of where to start depends on what has already happened.
Avv. Massimo Romano — Ordine degli Avvocati di Napoli n. 14553, patrocinante in Cassazione dal 23/10/2015 — Roma, Via Avicenna 97, 00146 · Milano, Via Giuseppe Pecchio 3, 20129 · Napoli, Corso Umberto I 237, 80138 — +39 335 669 3954
In brief
- The opening group answers the questions that come before all the others, covering what happens after an arrest, what a relative can do on the same day and how to find where a detained person is held.
- Release on payment of money does not exist in Italian procedure, and the material explains the scale of measures that exists instead and the short route for challenging them.
- The guidance on being stopped by police separates what is compulsory, such as giving identity, from what is not, such as answering questions about the facts.
- The procedural group runs from the earliest notice to the final appeal, setting out the stages, the documents a person receives and the Italian terms that recur throughout.
- The group on offences and defences deals with particular accusations, from fraud and insolvency to drugs, violence, fire, food description and immigration-related charges.
- The European group covers surrender inside the Union, extradition with other states, and the police alert that is neither of those but can trigger an arrest.
- The practical group addresses how fees are set, why a court-appointed lawyer is not a free lawyer, how legal aid works and how to recover seized property.
- Each guide is written for readers whose own system works differently, so the comparisons are made explicitly rather than assumed.
Start here
If something has just happened
These six answer the questions that come first, and each one says what the deadline is.
GuideArrested in Italy: what happens in the first 96 hours
Italian law fixes the clock: 24 hours to reach the prosecutor, 48 more for the validation hearing. What happens in each step and what you can do.
ReadGuideA relative has been arrested in Italy: what to do todayYou can appoint the lawyer yourself: Italian law lets a close relative do it. How to find where they are being held and what the consulate will and will not do.
ReadGuideThere is no bail in Italy: what exists insteadYou cannot buy your way out of pre-trial detention in Italy. What the law provides instead is a scale of measures and a ten-day route to challenge them.
ReadGuideStopped by Italian police: what you must do and what you need notGiving your identity is compulsory and refusing is an offence. Answering questions about the facts is not, and the difference decides many cases.
ReadGuideItalian criminal procedure explained for English speakersFrom the first notice to the final appeal: the stages, the documents you will receive, the deadlines that bind you and the Italian terms you will keep seeing.
ReadGuideHiring an Italian criminal lawyer from abroadFixed tariffs were abolished in 2012 and a written estimate is compulsory. Court-appointed lawyers are not free, and legal aid has an income threshold.
Read12 guides
The sections differ in what they are for, and the table compares them so a reader can start in the right place.
| Section | What it answers | Who it is written for |
|---|---|---|
| Emergency and arrest | What happens in the hours after an arrest and what can be done now. | Families and detained people acting under time pressure. |
| Italian criminal procedure | How a case moves from the earliest notice to the final appeal. | Anyone who has received a document and does not recognise it. |
| Offences and defences | What has to be proved for a particular accusation. | People already charged or under investigation. |
| Europe: surrender, extradition and alerts | How a person is transferred between states and how that is resisted. | People arrested abroad on an Italian request, and the reverse. |
| Costs, lawyers and practical matters | How representation is arranged and what it involves. | Readers deciding whom to engage and on what terms. |
Emergency and arrest
Alternatives to prison in Italy: serving a sentence outside4 minArrested abroad in Europe: the first 96 hours4 minArrested at an Italian airport: the three situations4 minArrested in Italy: what happens in the first 96 hours6 minArrests at sea, in ports and on board ships4 minWhen a relative dies in Italy and an investigation opens4 minHouse arrest in Italy: the rules that actually apply4 minHow long pre-trial detention can last in Italy4 minPrison in Italy: rights, conditions and remedies4 minSomeone in your family has been arrested abroad4 minA relative has been arrested in Italy: what to do today5 minStopped by Italian police: what you must do and what you need not4 min
18 guides
Italian criminal procedure
Appealing a conviction in Italy: appeal and Cassation4 minYou have discovered an Italian case you knew nothing about4 minDefence investigations in Italy: the powers nobody uses4 minEnding an Italian case early: which route, and what it costs4 minInterpreters and translation in Italian proceedings4 minItalian criminal law for readers from common law systems5 minItalian criminal procedure explained for English speakers5 minWhat is this Italian legal document you received?4 minItalian criminal law terms explained in English4 minItalian police and courts: who is who4 minLimitation periods in Italy: when a case can no longer proceed4 minMental capacity in Italian criminal law: from assessment to REMS3 minIt is not me, or it was years ago: identity and old cases4 minThere is no bail in Italy: what exists instead5 minSummoned as a witness in Italy: what it means4 minTaking an Italian case to the European Court of Human Rights3 minWhat actually happens at an Italian trial4 minGiving evidence when you have something to lose3 min
61 guides
Readers arrive here from very different situations, and the table pairs each of them with the material that addresses it.
| Situation | Where to start |
|---|---|
| A relative has been arrested in Italy today | The emergency material on arrest and on what a family can do immediately. |
| A document has arrived and its meaning is unclear | The procedural material on the stages and on the documents received. |
| An arrest has happened abroad on an Italian request | The European material on surrender and on the underlying Italian measure. |
| A telephone, vehicle or account has been seized | The practical material on seizure and on the routes for recovery. |
| A charge has been brought and the elements are unclear | The material on that particular offence and the defences available. |
| A lawyer has to be engaged from another country | The practical material on fees, appointment and legal aid. |
Offences and defences
Offences against animals in Italy: what changed in 20253 minArt and cultural property offences in Italy4 minFights and assault in Italy: how the charges are graded4 minBribery and corruption charges in Italy4 minRenovating property in Italy: when building work becomes a crime4 minYou bought something stolen or counterfeit in Italy4 minCannabis in Europe: what is actually permitted, country by country3 minCash, goods and customs at Italian borders4 minCharged together with someone else: joint liability in Italy4 minControlled deliveries and undercover operations: where the line is4 minCriminal charges and your right to remain in Italy4 minMoney laundering across borders: how these cases run4 minCrypto and digital asset investigations in Italy4 minCybercrime charges in Italy and digital evidence4 minDarknet drug cases: parcels, wallets and attribution3 minData protection as a criminal matter in Italy4 minDoping and sports fraud charges in Italy3 minDriving licences in Italy: conversion, expiry and driving without one3 minDrug arrest in Germany: cannabis left the narcotics act in 20244 minDrug arrest in Spain: an offence against public health4 minDrug arrest in Sweden: where using is itself an offence3 minDrug arrest in the Czech Republic: the most permissive, within limits3 minDrug arrest in the Netherlands: the Opium Act and two lists3 minDrug charges in Italy: what foreign visitors get wrong4 minDrug couriers and body packers: the airport cases3 minDrug driving in Italy: the rules changed in 20243 minDrug trafficking association: article 74 and encrypted evidence4 minDrink driving in Italy: what a foreign driver faces4 minImmigration and labour exploitation offences in Italy4 minEnforcing a debt in Italy: where it becomes extortion4 minReporting something that did not happen: what it costs4 minFinancial crime in Italy: what a foreign company faces4 minFire in Italy: when negligence becomes a criminal charge4 minFood and product fraud charges in Italy3 minAccused of fraud in Italy: what has to be proved4 minGambling and betting offences in Italy4 minHomicide and serious violence charges in Italy4 minInsolvency offences in Italy: what directors are charged with3 minLegal where you live, a crime in Italy4 minMafia association charges in Italy: article 416-bis4 minMedical negligence as a criminal charge in Italy4 minMinors in Italian criminal proceedings: what parents need to know4 minNeighbours, noise and entering property: the criminal side4 minPolice warnings and preventive measures in Italy4 minPrecursor chemicals and clandestine laboratories in Europe3 minProstitution in Italy: not a crime, and almost everything around it is3 minProtests, football matches and public order offences4 minPublic order offences: resisting, insulting, refusing to identify5 minRoad accidents in Italy: when it becomes a criminal case4 minSexual offence allegations in Italy: the framework4 minStalking and domestic violence charges in Italy4 minStudents charged in Italy: the case and the consequences4 minTax offences in Italy: thresholds, and paying to avoid punishment4 minTerrorism and security charges in Italy4 minTheft and shoplifting in Italy: how serious is it really4 minHolding someone, or forcing them: restraint and coercion4 minUS service members and Italian criminal jurisdiction4 minUsury in Italy: the rate is fixed by law, not by agreement3 minVictim of a crime in Italy: reporting and claiming4 minWeapons and knives in Italy: what you must not carry4 minWorkplace safety and environmental prosecutions in Italy4 min
103 guides
Several features of Italian procedure surprise readers from other systems, and the table sets the common expectation against the position here.
| Common expectation | Position in Italian procedure |
|---|---|
| Release can be obtained by paying money | No such mechanism exists; a scale of measures applies instead. |
| A family can obtain information from the authorities | Access runs through the appointed defence lawyer. |
| The consulate can intervene in the case | It confirms the detention and passes messages within its own limits. |
| A court-appointed lawyer costs nothing | The fees fall on the assisted person unless legal aid is granted. |
| Silence will be held against the person | Answering questions about the facts is not compulsory, while giving identity is. |
| A seizure can be dealt with later | The fast route for challenging it expires very quickly after execution. |
Europe: EAW, extradition, Red Notice
Arrested in Abu Dhabi: the same law, a different setting3 minArrested in Algeciras: the Strait, the port and the crossing to Africa3 minArrested in Algiers: custody, the prosecutor and the consulate3 minArrested in Alicante: the airport and the resident community2 minArrested in Amsterdam: nine hours, then three days4 minArrested in Antwerp: the port, and what follows from it3 minArrested in Athens: 24 hours to the investigating judge3 minArrested in Barcelona: 72 hours, and what decides them4 minArrested in Basel: three borders in one city2 minArrested in Benalmádena: families, the marina and the hills2 minArrested in Benidorm: the resort season and the residents2 minArrested in Berlin: before a judge by the end of the next day4 minArrested in Bern: the federal capital2 minArrested in Bordeaux: wine, the port and the estuary2 minArrested in Bratislava: 48 hours, then the court's 483 minArrested in Bremen: the port, the river and the Freimarkt2 minArrested in Brussels: 48 hours to see the investigating judge3 minArrested in Bucharest: 24 hours, then the judge decides3 minArrested in Budapest: 72 hours, and the motion that must be filed3 minArrested in Cairo: the prosecution decides, and it renews3 minArrested in Casablanca: garde à vue and the Moroccan clock3 minArrested in Cologne: Carnival, the Rhine and the cathedral2 minArrested in Copenhagen: 24 hours, and the preliminary hearing3 minArrested in Dortmund: football, the Ruhr and the stadium2 minArrested in Dresden: the Czech border and the old town2 minArrested in Dubai: 48 hours, and the travel ban that follows4 minArrested in Dublin: Garda detention and a common law system3 minArrested in Duisburg: the inland port and the freight corridor2 minArrested in Düsseldorf: trade fairs, the old town and business2 minArrested in Essen: the Ruhr, logistics and industry2 minArrested in Estepona: the marina, the port and the coast road2 minArrested in Frankfurt: the airport, the banks and the station quarter2 minArrested in Fuengirola: a resident town, not a resort2 minArrested in Geneva: institutions, borders and finance3 minArrested in Graz: a student city and a transit route2 minArrested in Hamburg: the port, the Reeperbahn and the airport2 minArrested in Hanover: trade fairs and the motorway crossroads2 minArrested in Ibiza: clubs, quantities and the season3 minArrested in La Línea: the Gibraltar border and the Strait3 minArrested in the Canary Islands: the Atlantic route and the season3 minArrested in Lausanne: the lake, the schools and Swiss procedure2 minArrested in Leipzig: the freight hub, the students and the protests2 minArrested in Liège: the corridor, the airport and the language2 minArrested in Lille: the Belgian border and the crossroads2 minArrested in Cyprus: 24 hours to court, then the remand order3 minArrested in Lisbon: 48 hours, and a drug law unlike any other3 minArrested in Ljubljana: 48 hours, and a long wait afterwards3 minArrested in Lugano: Italian spoken, Swiss law applied3 minArrested in Luxembourg: 24 hours, and the investigating judge3 minArrested in Lyon: a business city on the Alpine corridor2 minArrested in Madrid: the capital and the Audiencia Nacional2 minArrested in Málaga: the airport, the port and the coast2 minArrested in Marbella: assets, allegations and international files2 minArrested in Marrakech: tourism, the medina and the riads3 minArrested in Marseille: the port, the estates and the drug economy2 minArrested in Mijas: property, planning and the inland community2 minArrested in Montpellier: students, the coast and the A92 minArrested in Munich: Bavaria, the Oktoberfest and the airport2 minArrested in Nantes: the estuary, the port and the students2 minArrested in Nice: the Riviera, the airport and the season2 minArrested in Nuremberg: Bavaria, the markets and the corridor2 minArrested in Palma and Mallorca: the season and the marinas2 minArrested in Paris: garde à vue and what follows4 minArrested in Perpignan: the Spanish border and the corridor2 minArrested in Prague: 72 hours, split between police and judge3 minArrested in Reims: champagne, the motorway and the region2 minArrested in Rennes: a student city and a regional centre2 minArrested in Riga: 72 hours of police custody3 minArrested in Rotterdam: Europe's largest port2 minArrested in Salzburg: festivals, skiing and the border2 minArrested in Seville: festivals, the river and the old town2 minArrested in Sofia: 72 hours to get you before a court3 minArrested in Stockholm: four days to the detention hearing3 minArrested in Stuttgart: industry, emissions and the Volksfest2 minArrested in Tallinn: 48 hours, and only a judge can arrest3 minArrested in Tangier: the Strait, the port and the crossing3 minArrested in Tarifa: fourteen kilometres from Africa3 minArrested in The Hague: courts, institutions and the coast2 minArrested in Torremolinos: nightlife and the seafront2 minArrested in Torrevieja and the Orihuela Costa3 minArrested in Toulouse: aerospace, students and the south-west2 minArrested in Tunis: the 2016 reform and what it gave you3 minArrested in Valencia: the port, the beach and Fallas2 minArrested in Vienna: 48 hours, then the judge decides3 minArrested in Vilnius: 48 hours, and a six-month ceiling3 minArrested in Warsaw: 48 hours, then 24 more for the court3 minArrested in Zagreb: 48 hours, and a six-hour right of appeal3 minArrested in Zurich: 48 hours, then the detention judge3 minDrugs at sea: boarding, jurisdiction and the routes4 minEuropean Arrest Warrant: how surrender works and how it is resisted5 minEuropol, joint teams and what they can actually do3 minExtradition to Italy: the procedure and the limits4 minInternational arrest warrant in Belgium: the investigating judge first3 minInternational arrest warrant in Germany: the higher regional court3 minInternational arrest warrant in Italy: two systems, two defences3 minInternational arrest warrant in the Netherlands: one chamber decides3 minInternational arrest warrant in Spain: the Audiencia Nacional3 minArrest warrants in Switzerland: extradition, not surrender3 minInterpol Red Notice: how it works and how it is removed4 minPre-trial detention abroad: the rule nobody uses4 minProsecuted in two countries for the same facts4 minServing an Italian sentence in your own country4 minHow a case with a local lawyer and an Italian one is run4 min
24 guides
Costs, lawyers and practical matters
Arrested in Bari: the ferries to Greece and Albania2 minArrested in Bologna: a student city on the motorway spine2 minArrested in Catania: the port, the airport and Sigonella2 minArrested in Florence: students, art and the historic centre2 minArrested in Genoa: the port and the container traffic2 minArrested in Palermo: the anti-mafia district and the port2 minArrested in Pisa: the airport, the university and Camp Darby2 minArrested in Rimini: the summer season and the clubs2 minArrested in Turin: industry, demonstrations and the Alps2 minArrested in Venice: a city with rules of its own2 minArrested in Verona: the Brenner corridor and the festival season2 minArrested near Aviano: US Air Force personnel and Italian courts3 minArrested near Sigonella: US Navy personnel in Sicily2 minArrested near Vicenza: US Army personnel and Italian courts3 minCompensation for wrongful detention in Italy3 minItalian corporate criminal liability: the model that defends you4 minEnglish speaking criminal lawyer in Milan3 minEnglish speaking criminal lawyer in Naples3 minEnglish speaking criminal lawyer in Rome4 minGetting your phone, car, money or passport back in Italy4 minHiring an Italian criminal lawyer from abroad5 minItalian correspondent counsel for foreign law firms4 minAfter an Italian conviction: record, rehabilitation, serving at home4 minLawyer-client confidentiality in Italy: what is protected4 min
About the lawyer
Most people reach this office in the middle of something they did not plan for: an arrest in another country, a search at dawn, a summons that arrived while they were away from Italy. The first conversation is with Avv. Massimo Romano himself, not with a secretary who takes a message. He is a criminal defence lawyer admitted to plead before the Italian Court of Cassation, and his work has long centred on Italian criminal procedure, European arrest warrants and extradition. On that first call he asks what documents exist, who has seen the person detained, and which authority is involved. No assessment is given before the papers have been read. Afterwards he sets out, in writing, what can be done from Italy and what has to be done where the person is held. Relatives who do not speak Italian are not left translating for themselves: the office speaks with the family in English, by telephone and in writing.
Call the office, or write on WhatsApp if that is easier from abroad. Have to hand the full name of the person involved, the city and country where they are held, and any document already received, even as a photograph.
Avv. Massimo Romano — criminal defence lawyer, admitted to the Italian Court of Cassation
Iscritto all'Ordine degli Avvocati di Napoli n. 14553 | Patrocinante in Cassazione dal 23/10/2015
Roma, Via Avicenna 97, 00146 · Milano, Via Giuseppe Pecchio 3, 20129 · Napoli, Corso Umberto I 237, 80138
+39 335 669 3954 · WhatsApp