Arrested in Italy: what happens in the first 96 hours
Italian law puts the whole thing on a clock. The police must bring an arrested person before the public prosecutor within the period fixed by the code, and the judge must then hold the validation hearing within the further period the code allows. What happens inside that window decides whether the person goes home, goes to house arrest, or goes to prison.
Nothing in the system depends on how serious the accusation sounds: it depends on deadlines, and each of them is written in the code. If they are missed, the arrest is not validated and the person is released, but nobody will raise that point unasked. Somebody has to be counting the hours, and that is the earliest task of a defence lawyer. The hearing settles both whether the arrest itself was lawful and whether a restriction continues while the investigation goes on.
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
- Every stage is governed by a deadline written in the code, from the moment the police inform the prosecutor to the moment a judge examines the arrest, and the gravity of the accusation changes none of them.
- A relative may be informed with the arrested person's consent, and entitlement to speak with a defence lawyer arises straight away rather than after questioning.
- Interpretation is provided without charge whatever the person's means, which matters because a document signed without translation binds the person who signed it.
- The validation hearing settles separate questions that are routinely confused: whether the arrest was lawful, and whether a restriction should continue while the investigation runs.
- Either question can be won while the other is lost, because an arrest can be lawful and still not justify keeping anyone anywhere, and an unlawful arrest does not automatically mean release.
- The hearing is also the earliest moment at which the charge itself can be argued, and a different reading of the same facts can move the case into a lower bracket.
- The bracket matters because it determines which precautionary measure is available at all, so argument about the charge is argument about liberty.
- Nobody is obliged to answer questions about the facts, silence carries no penalty, and the choice is made after the file has been seen rather than before.
- House arrest, reporting obligations and release are all possible outcomes, and what the lawyer produces at the hearing, an address above all, decides which becomes available.
The clock, step by step
Nothing in the Italian system depends on how serious the accusation sounds. It depends on deadlines, and every one of them is written in the code.
| Step | What must happen | Rule |
|---|---|---|
| Arrest | The police inform the public prosecutor immediately | Art. 386 c.p.p. |
| Notice to a relative | You may have a family member informed, with your consent | Art. 387 c.p.p. |
| Defence lawyer | You are entitled to speak with your lawyer straight away | Art. 104 c.p.p. |
| Handover | You must be at the prosecutor's disposal within 24 hours | Art. 386 c.p.p. |
| Validation hearing | Within 48 hours of the handover, before a judge | Art. 390 c.p.p. |
| Interpreter | Free of charge, whatever your means | Art. 143 c.p.p. |
If the deadlines are missed, the arrest is not validated and you are released. That is not a technicality anyone will raise for you: someone has to be counting the hours, and that is what a defence lawyer does first.
What the validation hearing actually decides
Two separate questions, and they are often confused. The first is whether the arrest itself was lawful — whether the officers were entitled to arrest you at all for this offence, and whether they followed the rules. The second is whether you should stay under some form of restriction while the investigation continues.
You can lose the first and win the second, or the other way round. An arrest can be perfectly lawful and still not justify keeping you anywhere; an unlawful arrest does not automatically mean you walk free, because the prosecutor can ask the judge for a precautionary measure on separate grounds.
This is also the first moment at which the charge itself can be argued. Prosecutors write the charge on the basis of a police report drafted in the first hours; a different reading of the same facts can move the case into a lower bracket, and the bracket determines what measure is available at all.
Should you answer questions?
There is no single right answer, but there are rules that apply whatever you decide.
- You are never obliged to answer questions about the facts. Silence cannot be used against you.
- You are obliged to give your identity. Refusing is a separate minor offence (Art. 651 of the Criminal Code).
- You have the right to speak with your lawyer before the hearing, and to have an interpreter for that conversation as well.
- Anything you sign matters. If a document is in Italian and nobody has translated it for you, say so and have it recorded in the minutes.
The one thing that reliably goes wrong is improvising. People explain, in a language they half speak, to officers who write down a summary in Italian which the person then signs. That summary becomes the account they are stuck with for the next two years.
The possible outcomes
| Outcome | What it means | Rule |
|---|---|---|
| Release without measure | You are free, the investigation may continue | Art. 391 c.p.p. |
| Obligation to report | You must report to a police station on set days | Art. 282 c.p.p. |
| Ban on leaving the country | Passport surrendered, you must stay in Italy | Art. 281 c.p.p. |
| House arrest | At a home address the judge considers suitable | Art. 284 c.p.p. |
| Custody in prison | Only where nothing less restrictive is adequate | Art. 275 c.p.p. |
The last line is the one worth remembering. Italian law treats prison as the last resort: the judge has to explain why no lighter measure would do. That reasoning is exactly what the defence attacks, and it is why having a suitable address available — even a friend's flat, even a hotel with a written statement from the manager — can change the outcome of the hearing.
The hearing deals with two questions that people hear as one. The table separates them and shows what each depends on.
| Question | Was the arrest lawful | Should a restriction continue |
|---|---|---|
| What is examined | Whether the officers were entitled to arrest for this offence and followed the rules. | Whether there are grounds to restrict liberty while the investigation runs. |
| Material that answers it | The record of the arrest, the time of each step, the offence invoked. | An address, employment, family ties and a proposal for supervision. |
| Effect of winning | The arrest is not validated. | Release, or a measure lighter than custody. |
| Effect of losing | The arrest stands, which does not settle the measure. | A measure is imposed, which can later be reviewed. |
| Who raises it | The defence, because nobody counts the hours on your behalf. | The defence, against the prosecutor's request. |
There is no bail
If you come from the United States, the United Kingdom, Ireland, Canada or Australia, the first thing you will look for is bail. It does not exist in Italy. You cannot pay a sum of money to be released pending trial, and no bondsman can do it for you.
What exists instead is a graded set of measures, and a fast route to challenge them. The full explanation is in the guide on why there is no bail in Italy and what replaces it.
After the hearing
If a measure is imposed, the deadline that matters is ten days. Within ten days of the measure being enforced, the defence can apply to the tribunale del riesame, a panel of three judges who review the whole file, not just the reasoning. It is a full review on the merits and new documents can be filed.
In parallel, the investigation continues. You may be interviewed again, evidence is gathered, and at some point the prosecutor decides between dropping the case and sending it to trial. That whole path is set out in Italian criminal procedure explained.
Frequently asked questions
How long can the Italian police hold me?
You must be brought before the public prosecutor within 24 hours of the arrest, and the judge must hold the validation hearing within 48 hours after that. Ninety-six hours from the arrest is the outer limit.
Can I get bail in Italy?
No. Bail as understood in common law systems does not exist. Italian law uses a scale of precautionary measures instead, from reporting obligations to house arrest, with prison as the last resort.
Do I have to answer the police?
You must give your identity, and refusing is a minor offence. You are never obliged to answer questions about the facts, and silence cannot be held against you.
Is the interpreter free?
Yes. Under Article 143 of the Code of Criminal Procedure the assistance of an interpreter is free of charge and does not depend on your income or on the outcome of the case.
If this is happening now
If someone has been arrested in the last few hours, the validation hearing is already scheduled and the lawyer needs to be appointed before it, not after. A family member can do the appointing. First contact is free and covered by professional privilege, at any hour.
Answering questions is a choice, not an obligation, and each option has consequences. The table sets them out.
| Choice | What it means | What follows |
|---|---|---|
| Remain silent on the facts | No obligation is breached and no penalty attaches. | The file is built without your words, and nothing has to be explained later. |
| Answer after seeing the file | The account is given knowing what is alleged and on what basis. | Targeted, verifiable and far harder to undermine. |
| Answer before seeing the file | An account is given in ignorance of the allegation. | It becomes the fixed version attributed to you. |
| Sign without translation | A document is adopted whose terms were not understood. | Misunderstanding it is not a defence afterwards. |
| Give an account to satisfy someone else | A statement made for an employer, school or insurer. | It can reach the criminal file and sit beside your own words. |
What an arrest does to the next days of your life
An arrest in Italy takes a person out of ordinary life immediately, and what follows is a chain of consequences that arrive faster than the family can respond. The phone is taken, so the person cannot tell anyone where they are. The flight home is missed, the hotel room is given up, the car is left at the roadside or the airport. A work shift is lost, a meeting is missed and a child is left with someone who does not know why the parent has not come home. All of this happens before a judge has looked at anything.
The nights in custody are hard in ways that are rarely described. The person may be held in a cell at a police station or in a custody facility while waiting for the hearing, sometimes with no clear information, no change of clothes and no means of contacting a relative. Sleep is poor, food is basic, and the stress affects the person's ability to understand what is said at the hearing. For a foreigner, the language barrier makes everything harder.
Afterwards, whatever the decision, the effects extend. If the person is released, they may be required to report to the police, hand in a passport or live at a stated address. If they are held, the household loses income, rent and school fees still fall due, and the employer must be told. Employers react differently: some suspend, some dismiss, some wait. Foreign workers risk losing the right to remain if the job ends. A visitor whose passport is retained cannot leave. Family members are drawn in: a parent who flies in needs a place to stay, a spouse at home must manage alone. Insurance rarely covers any of this, and the family should check before spending.
Who reads this page, and from where
A typical reader is the person who has just been arrested, or someone who has been told that they will be. They may be reading on a phone in a police office, in a hotel room after release, or in the waiting area of a court. They need to know what happens next and when, and they need it in plain language. Most of them have never been arrested before, and their understanding comes from films and from other countries.
Another reader is the family. A parent, a spouse or a sibling has had a call or a message, perhaps from the person themselves, perhaps from a friend or an employer, and wants to know what to do immediately. They are afraid of making things worse. They want to know whether they can appoint a lawyer, whether they should travel, and whether they can speak to the person.
A further reader is an employer, a travel companion or a consular officer who has been asked to help. They are not family, and they are unsure how much they can do or say. A few readers are people who have been released after an arrest and want to understand what the hearing decided and what comes next. This page speaks to all of them through the timeline, because the steps and their order are the same for everyone.
What to gather while the clock is running
- The full name of the person as on the passport, the date and place of birth, the nationality, and the passport number if available. Offices search by these details.
- A photograph of the passport and of any visa or residence permit, from the person's phone, the family or the hotel.
- The facts of the arrest: place, date, time, the police force, what the person was doing, who was present. Write them down immediately.
- Papers handed to the person: the record of the arrest, the notice of rights, any list of items taken. Photograph every page.
- Evidence of ties: an address in Italy, a lease or hotel booking, an employment contract, proof of family, school records of children, tickets showing the person was a visitor.
- Medical information: conditions, regular medication and allergies. The lawyer can raise these with the authorities.
- The names of witnesses and travel companions, with contacts. They may be able to speak to what happened.
- Funds and contacts: who will pay the lawyer, and who in the family is the contact for the lawyer and for the consulate.
- The person's phone details: number, operator and whether it was taken. The family should not try to unlock or wipe it remotely.
- Information about children or dependants who are with the person or waiting at home, with the names of those who can care for them tonight.
The decisions that arrive before the hearing
At the opening of the procedure, a person must decide what to do about the lawyer, the questions and the paperwork, and each choice has a price.
Whether to ask for a lawyer of your choice or accept the lawyer assigned. A lawyer is assigned if none is chosen. A close relative can appoint a lawyer for the person, which gives the family a voice. The price of a chosen lawyer is the fee and the time to find a lawyer; the price of the assigned lawyer is less control over who acts and how, and the cost still falls on the client unless legal aid is granted.
Whether to answer the judge's questions at the hearing. The person may answer, decline, or make a statement. Answering can explain the circumstances, and it may help to show why a restriction is unnecessary. The price is that the answers are recorded and may be compared with the file, which the person may not have seen. Declining costs nothing legally, and may protect the person until the lawyer has read the papers. The decision should be made with the lawyer.
Whether to accept the proposed handling of the interpreter, the phone and the property. A person who does not understand Italian is entitled to an interpreter. Signing a record without an interpreter, or consenting to a search of the phone, cannot easily be undone.
While the clock runs, the people around the arrested person can do specific things. The table shows who does what.
| Who | What they can do now | What they cannot do |
|---|---|---|
| The arrested person | Ask for a lawyer and an interpreter, and say nothing about the facts. | Withdraw an account already recorded. |
| A close relative | Appoint the lawyer, which is what opens access to information. | Receive details of the file directly from the authorities. |
| The defence lawyer | Count the deadlines, see the record, prepare the measure argument. | Prevent the prosecutor from requesting a measure. |
| The prosecutor | Request a precautionary measure on grounds of their own. | Decide on liberty, which belongs to the judge. |
| The judge | Validate or refuse the arrest, and choose the measure. | Decide the case itself at that stage. |
What not to do in the opening hours
- Do not sign anything you cannot read. Ask for the interpreter and a translation, and say that you do not understand.
- Do not answer questions about the facts before you have spoken to a lawyer. You are entitled to ask for a lawyer, and silence is not treated as an admission.
- Do not resist, argue or insult the officers. It can add charges and harden the position of those who will decide.
- Do not tell a cellmate what happened. What you say can be repeated.
- Do not use the phone call to discuss the case. Calls from custody may be recorded.
- Do not lie about your identity or address. A false detail is a separate problem and weakens a request for a lighter measure.
- Do not assume that money will buy your release. There is no bail, and an offer of money is an offence.
- Do not post about the arrest. Relatives should not either, since investigators read public posts.
- Do not wait for the hearing to start thinking about what you will offer. Address, work and family ties need to be documented before it.
- Do not let relatives contact the officers directly to plead for release. Appeals of that kind achieve nothing and can be written into the record as pressure.
- Do not agree to be moved or interviewed without the lawyer being told. A transfer or a conversation arranged informally can happen before anyone has prepared you.
Questions to put to the lawyer on the day
- Under which rule was the person arrested, and does the record show that the procedure was followed?
- When will the person be brought before the prosecutor, and when before the judge?
- Can you speak to the person before the hearing, and will an interpreter be there?
- What will the prosecutor ask the judge for, and what are the reasons given in the file?
- Which documents can the family provide to support a lighter measure, and by when?
- What are the possible outcomes: release, a restriction on movement, house arrest or prison?
- What happens if the arrest is not validated, and does that end the case?
- If a measure is imposed, by when must a review be requested?
- How will we keep the family informed after the hearing, and who is the contact?
- What should the person say about their health, if they are unwell, and to whom?
- If the person is a visitor, can the passport be returned, and when can they leave Italy?
- Which papers should the family bring to the lawyer in person, and which can be sent by email?
The right answers are about the next step and its deadline. A lawyer who starts by predicting how the case will end is skipping the part that matters now.
When the person and the family are in different countries
An arrest of a foreigner brings the legal systems of different countries into contact in the space of a few hours. The person is in an Italian cell and the family is abroad, sometimes on another continent. The family cannot walk into the police station, and Italian offices will not discuss a case with a person who has no standing. The appointment of a lawyer by a close relative gives the family a way in, and the lawyer becomes the channel for information.
The consulate or embassy of the person's country is the other channel. The person is entitled to ask that it be told of the arrest, and a request is usually necessary because notification is not always automatic. The consulate can confirm where the person is held, visit them, contact the family and, in some cases, help with an emergency travel document or a list of lawyers. It does not act as a lawyer and cannot interfere with the procedure.
Documents are the practical problem. Proof of kinship, of residence abroad and of employment often needs translation and certification before Italian offices will rely on it. Begin early. Photographs sent by email serve for the opening steps, with certified copies to follow. Time zones affect calls, so agree a fixed slot with the lawyer. Money sent from abroad passes through banks that ask questions, so keep the purpose and the relationship documented. If the person has a case at home, the Italian lawyer and a lawyer there should coordinate, so that what is said in either country does not damage the other.
Italian terms you will see in the opening days
- Arresto in flagranza: an arrest made at the moment of the act or immediately after. The record will say on what basis it was made.
- Fermo: a detention on suspicion, where there is a risk of flight. It is followed by a check by a judge.
- Pubblico ministero: the public prosecutor, to whom the police report immediately and who decides what to ask for.
- Udienza di convalida: the validation hearing, at which a judge checks the arrest and decides on any restriction. The clock to reach it is fixed by law.
- Interrogatorio: the questioning of the person by the judge or the prosecutor, at which the person may answer or decline.
- Misura cautelare: a precautionary measure, ranging from a reporting duty to prison, ordered while the case proceeds.
- Difensore d'ufficio: the court-appointed lawyer, who acts if none is chosen. The cost falls on the client unless aid is granted.
- Interprete: the interpreter, to whom the person is entitled when they do not understand Italian.
- Scarcerazione: release from custody, which follows if the arrest is not validated or no measure is ordered.
- Verbale di arresto: the record of the arrest, drawn up by the police, listing the facts, the time and the rights notified.
- Ordinanza: the written decision of the judge after the hearing, which says whether the arrest is validated and which measure applies.
How the studio acts in the opening hours
The opening message is often from a relative, and it is short. We ask these things: where the person is, when the arrest happened, what papers exist and who is the contact for the family. We explain what will happen at each step and by when, and what the family can do to help. If the person has not yet been brought before the judge, we ask for access to them as the law allows and prepare for the hearing.
The engagement is confirmed in writing, with an estimate of cost in phases. A close relative can sign the appointment on behalf of the person, and we explain how. Documents can be sent as photographs or scans by email, and nobody has to travel to an office to begin. The studio works in English and Italian, and where a relative prefers another language, we arrange an interpreter for the key conversations. After each step, we report to the family in plain terms, and we say what is not yet known.
Offices in Rome, Milan and Naples let a lawyer attend the hearing in the city where it is held and visit the person where they are held. When the matter has a foreign side, we coordinate with a lawyer in the other country. We remain reachable outside office hours because arrests do not follow them. We do not predict what the judge will decide. Contact details are on this site, including the email address avvmassimoromano@gmail.com.
About the lawyer
A relative detained abroad changes the shape of a family's day: nobody knows who to call first, and the information that does arrive is fragmentary. Avv. Massimo Romano works on Italian criminal matters, European arrest warrants and the position of Italians arrested outside Italy, and he is admitted to plead before the Court of Cassation. The office works from Rome, Milan and Naples, which matters when papers have to be filed in one city while the family lives in another. Contact usually begins with a telephone call or a WhatsApp message describing, in plain terms, what happened. He reads whatever paperwork exists before giving an opinion; if something is missing, he says what to ask for and who to ask. After that first conversation the family receives a written account of the position and the steps that follow. Discussions with relatives are held in the language they use at home.
Telephone the office or send a WhatsApp message. Before you call, gather the document you received, the name of the authority written on it, and the file reference if one appears.
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