Italian criminal procedure: stages, documents and deadlines
Written and reviewed by Avv. Massimo Romano, admitted to the Italian Court of Cassation — Bar of Naples no. 14553. Last legal review: 6 November 2026.
Italian criminal procedure runs through investigation, the decision whether to prosecute, trial and appeals, and almost everything that matters to the person concerned is a deadline attached to a document served in Italian. Those deadlines run from service, not from the day the document was understood, so identifying the paper in hand comes before every other decision.
What follows from that structure is a set of windows that open and close. The notice that an investigation has closed allows submissions, documents and a request to be questioned at a moment when the prosecutor has not yet decided, and it is the most under-used opportunity in the system. A conviction issued without a hearing becomes final if nothing is done, and routes exist that end a case either with or without a conviction, a distinction that matters far more than the difference in sentence.
International criminal lawyer Massimo Romano — Bar of Naples no. 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 — Abroad we work through our network of corresponding lawyers in France, Spain, Germany, Belgium, the Netherlands, Austria, Greece and Portugal. Outside the European Union: the United States (Miami, New York, Los Angeles), the United Kingdom (London), the United Arab Emirates (Dubai, Abu Dhabi), Albania (Tirana), Thailand, Turkey (Istanbul), North Africa and South America.
In brief
- During the investigation the prosecutor works on the file and the person concerned may not be told at the outset, so the earliest notice often arrives with an act already scheduled.
- When the investigation closes a notice is served opening a defined period for submissions, documents and a request to be questioned, before any decision to prosecute is taken.
- The case is then dropped or sent to trial, and the preliminary hearing is where that choice is examined in the cases that pass through it.
- At trial the evidence is taken before the judge who decides, which means the hearings themselves are where the case is built rather than a formality after disclosure.
- Appeal is a full review of facts and law, while the highest court examines points of law only, so what can be argued narrows as the case moves up.
- Several routes end a case early, and the decisive difference is whether the route leaves a conviction on the record or closes the matter without one.
- A conviction issued without a hearing, carrying a financial penalty, becomes final if no objection is lodged in the period stated, and it is routinely mistaken for an administrative fine.
- A case can proceed in the person's absence where the court is satisfied they knew of it, which is why service, translation and recorded addresses matter from the earliest stage.
The four stages
| Stage | What happens | Reference |
|---|---|---|
| Investigation | The prosecutor investigates; you may not be told at first | Art. 326 ff. c.p.p. |
| Closing the investigation | You receive notice and may file submissions | Art. 415-bis c.p.p. |
| Decision | The case is dropped, or sent to trial | Art. 408 and 416 c.p.p. |
| Trial | Evidence is taken before the judge who decides | Art. 465 ff. c.p.p. |
| Appeal | Full review of facts and law | Art. 593 ff. c.p.p. |
| Court of Cassation | Points of law only | Art. 606 c.p.p. |
The document you have in your hand
People arrive with a sheet of paper and no idea what it is. These are the ones that actually arrive.
- Informazione di garanzia. Notice that you are under investigation and that an act involving your defence lawyer is about to take place. It is not a charge.
- Invito a comparire. An invitation to attend before the prosecutor. Attending without knowing your capacity is a mistake.
- Decreto di perquisizione. A search order. You are entitled to a copy of the record.
- Avviso di conclusione delle indagini. The investigation is closed. You have twenty days to file submissions, produce documents or ask to be questioned. This is the most under-used window in the whole system.
- Decreto penale di condanna. A conviction issued without a hearing, with a reduced financial penalty. You have fifteen days to object; if you do nothing it becomes final.
- Decreto di citazione a giudizio. A summons to trial, with a date.
The deadlines above run from service, not from the day you understood the document. If it arrived in Italian and you did not read it, say so early: the right to translation of these documents is set out in Article 143 of the Code of Criminal Procedure.
The ways a case can end early
Italian procedure offers several routes that avoid a full trial. Two produce a conviction; the others end the case without one, and that distinction matters far more than the difference in sentence.
| Route | Effect | Provision |
|---|---|---|
| Patteggiamento | Agreed sentence, reduced, no full trial — a conviction | Art. 444 c.p.p. |
| Rito abbreviato | Decision on the papers, sentence reduced — a conviction | Art. 438 c.p.p. |
| Messa alla prova | Suspension and a programme; success extinguishes the offence | Art. 168-bis c.p. |
| Oblazione | Payment extinguishes minor offences | Art. 162 and 162-bis c.p. |
| Particular tenuity | No punishment where the offence is truly minor | Art. 131-bis c.p. |
| Reparation | Full compensation extinguishes offences prosecuted on complaint | Art. 162-ter c.p. |
Patteggiamento is often translated as plea bargaining and it is not the same thing. You do not plead guilty: you agree with the prosecutor on a sentence and ask the judge to impose it. The judge can refuse. It still produces a conviction, with consequences that outlast the case.
How long it takes, and the limits on delay
Italian proceedings are slow, and the law now sets outer limits on the appeal stages: two years for the appeal court and one year for the Court of Cassation, extendable in complex cases. Exceeding them makes the prosecution inadmissible.
Separately, offences have limitation periods based on the maximum sentence, which stop running at first-instance judgment. The two mechanisms are different and are constantly confused, including in English-language material.
The stages are compared below with what is decided in each, because the arguments available change completely from one to the next.
| Stage | What happens | What the defence can do |
|---|---|---|
| Investigation | The prosecutor gathers material, often without the person knowing. | Appoint a lawyer, carry out defence investigations, ask to be questioned. |
| Close of the investigation | Notice is served and the file becomes accessible. | File submissions and documents within the period allowed. |
| Decision whether to prosecute | The case is dropped or sent to trial. | Argue for closure, or seek a route that ends the case early. |
| Trial | Evidence is taken before the deciding judge. | Examine witnesses, produce evidence and instruct experts. |
| Appeal | Facts and law are reviewed again. | Challenge findings of fact as well as legal conclusions. |
| The highest court | Points of law are examined. | Argue defects in law and in the reasoning of the judgment. |
Being tried without being there
Since the 2022 reform a court may only proceed in your absence if it is actually established that you knew about the proceedings and chose not to attend. Where that is not established, the judge issues a judgment of no proceeding and searches are ordered.
So a conviction cannot simply appear behind your back — but the file stays open, and the position does not resolve itself. If you discover a case or a conviction you knew nothing about, there are remedies with short deadlines running from the day you found out.
The words you will keep seeing
| Italian | What it means | Note |
|---|---|---|
| Indagato | Person under investigation | Not yet charged |
| Imputato | Accused, once prosecution has begun | After committal |
| Archiviazione | The case is dropped | Ordered by the judge |
| Rinvio a giudizio | Committal for trial | End of the preliminary hearing |
| GIP and GUP | Judges of the investigation and preliminary hearing | Two distinct roles |
| Riesame | Review of a precautionary measure | Ten-day deadline |
| Prescrizione | Limitation period | Stops at first-instance judgment |
These terms are kept in Italian throughout this site on purpose: they are the words printed on your documents, and recognising them is more useful than an approximate translation.
Frequently asked questions
What is an avviso di garanzia?
A notice that you are under investigation and that an act requiring your lawyer's presence is about to take place. It is not a charge and it does not mean you will be prosecuted.
Is patteggiamento the same as a plea bargain?
Not quite. You do not plead guilty: you agree a sentence with the prosecutor and ask the judge to impose it, and the judge may refuse. It still results in a conviction.
Can I be tried in Italy without attending?
Only if it is established that you knew about the proceedings and chose not to appear. Otherwise the judge issues a judgment of no proceeding and searches are ordered.
How long do Italian criminal cases take?
Long, though the appeal stages now have outer limits of two years and one year. Offences also have separate limitation periods, which stop running at the first-instance judgment.
If you have received something
If a document has arrived recently, the first step is to identify it and count the days. That takes minutes. First contact is free and covered by professional privilege.
The routes that end a case early are not equivalent, and the table compares them on the point that matters most.
| Route | What it produces | What to weigh |
|---|---|---|
| The agreed sentence | A reduced sentence without a full trial, and a conviction. | The record and its consequences abroad, against the time saved. |
| Decision on the papers | A reduced sentence decided on the file, and a conviction. | The strength of the written material, since no evidence is heard. |
| Payment extinguishing the offence | Closure without a conviction, where the offence allows it. | Whether the offence charged qualifies, which is often not raised. |
| Suspension with a programme of conduct | Closure without a conviction on successful completion. | The obligations imposed and the capacity to complete them. |
| Closure for conduct of minor significance | No conviction, where the conditions are met. | Whether the facts genuinely fall within the category. |
| Taking the case to trial | An acquittal or a conviction after evidence. | The time involved and the strength of the defence material. |
Who finds themselves reading about the whole procedure
The most common reader holds a piece of paper in Italian that arrived in the post, by courier or through a police officer at the door. It may be headed with the name of a prosecutor's office or a court, and it may include a date, a case number and a list of articles. The reader cannot tell whether it is a notice that an investigation exists, a notice that it is closing, a summons to a hearing or a decision. The distinction matters because each type carries its own deadline, and some are short.
Another reader is a person who has been told they are under investigation, either by a lawyer or by a friend, and wants to know what the stages are and how long they last. They are anxious about the unknown more than about any particular step, and they want a map that shows where they are, what comes next and what they can do now. They are often living abroad and cannot attend anything without planning.
A further reader is a family member or an employer. A relative has received an official letter on behalf of a person who has moved, or an employer has received a request about an employee. They are not parties to the case, but they are the ones who have to act. A smaller group are students, translators or lawyers from other systems who need an orderly account of the stages and the words that go with them. All of them need a way of recognising what a paper is before they decide what to do about it.
The choices at each stage, and what they cost
The procedure moves in stages, and a decision at an early stage shapes the later ones.
At the investigation stage: whether to engage with the prosecutor or wait. A person who knows of an investigation can appoint a lawyer, ask what the file says, and in some cases present material. The price of engaging is that it may draw attention and fix a version early; the price of waiting is that the file is built without any input from the person.
At the closing of the investigation: whether to file submissions. The notice that the prosecutor has finished gives the person a short window to ask to be questioned or to file documents. The price of using it is the preparation involved and the risk of showing the defence early; the price of ignoring it is that the prosecutor decides without hearing the person.
At the decision on prosecution: whether to choose a route that closes the case early. Agreed sentence, abbreviated trial, a programme of work or conduct, or another route can end matters before a full trial. Each has different effects on the record. The choice should be made with a lawyer who has read the file.
At trial and on appeal: whether to attend, and whether to challenge. Each stage has its own deadlines for appeal, and missing them closes the door.
What to put together when a paper arrives
- The document itself, photographed in full, front and back, with the envelope or the delivery receipt. The date of delivery often starts a deadline.
- A note of how and where it was delivered: to you, to a relative, to a lawyer, to an old address, by courier or by post. Delivery to the wrong person or place is sometimes a ground to challenge.
- Any earlier papers in the same matter, in order of date. A notice rarely makes sense without those that came before.
- Your identity and address details as held by the authorities, and any change of address you have notified or failed to notify.
- A translation of the document, or a request to the lawyer for a translation, together with a glossary of the terms on it.
- A calendar of the dates shown on the paper, with the days you have to respond, calculated by the lawyer, not by you.
- Your own account of the events, written for the lawyer only, in your own words and in your own language.
- The name of your lawyer, if you have a lawyer already, or the name of the lawyer assigned by the court.
- Any receipt or signature you gave on delivery. Whether you signed, and what name you signed, can decide when a deadline began.
- Documents on your life abroad that may matter at any stage: employment, family, medical, and a list of trips planned for the coming months.
How a pending case shapes work, travel and plans
An Italian procedure can run for a long time, and the person lives with it. The uncertainty makes planning hard: a job abroad, a move, a marriage, a mortgage or an application for citizenship all raise the question whether a pending case must be mentioned. Some forms ask about charges, some about convictions, and some about investigations. The honest answer can differ from form to form, and a person who answers from memory may say something inaccurate.
Travel is affected in different ways. An investigation does not by itself stop a person from travelling, but a restriction, if imposed, can. A person who is summoned to a hearing must decide whether to travel to Italy, which costs time and money, or to be represented. Missing a summons without a reason can lead to a trial in absence, which has its own consequences. Employers may ask for time off, and the person must explain, or choose not to.
The delays create a particular strain. A case may be quiet for long stretches and then produce a notice with a short deadline. Families find it hard to keep alert for such a notice. The practical solution is to give the lawyer a reliable address and to arrange that mail is checked regularly. A person who moves should tell the lawyer immediately, because notices go to the last address on file, and a missed notice can lead to a decision taken without the person.
Each document that arrives does something different, and the table pairs the papers that actually turn up with the action each requires.
| Document | What it means | Action it requires |
|---|---|---|
| Notice that an investigation concerns you | A file exists and an act involving your lawyer is coming. | Appoint a lawyer at once, since an act is already scheduled. |
| Invitation to attend before the prosecutor | You are asked to appear, in a capacity that must be checked. | Establish the capacity before attending, and attend with counsel. |
| Search order and record of items taken | Property or data has been taken from you. | Obtain a copy of the record and consider the challenge to the seizure. |
| Notice that the investigation has closed | The window before the prosecution decision has opened. | File submissions and documents within the stated period. |
| Conviction issued without a hearing | A penalty has been imposed on the papers. | Object within the period stated, since inaction makes it final. |
| Summons to trial | A hearing date has been fixed. | Prepare evidence and decide on any route that ends the case early. |
Questions to put to the lawyer about the stage you are in
- At what stage is my case, and what is the next step?
- What exactly is the paper I received, and what deadline does it start?
- Do I need to respond, and if so, with what and by when?
- What does the file contain, and when can we see it?
- Which routes are open to end the case early, and which would leave a conviction on the record?
- What are the rules on how long the procedure can last, and what happens to the case if they are exceeded?
- If I cannot attend a hearing, can the lawyer appear for me, and what authority is needed?
- What are the risks of a trial in my absence, and how can I avoid it?
- If the decision goes against me, what are the stages of appeal and how long do I have to start?
- Does the lawyer receive notices for me, and if so how will I be told of each notice, and how quickly?
- Which stage is the best moment to ask for an early route, and which routes cease to be available after that stage passes?
- What will each stage cost, and which stage is likely to need an expert, a translator or travel?
Ask the lawyer to put the dates in writing and to confirm them whenever a new paper arrives.
What not to do with an official paper
- Do not put the paper aside because you cannot read it. Each document starts a clock, and the clock runs whether or not you understand it.
- Do not refuse to accept delivery. A refusal does not stop the notice from being treated as received, and you lose the chance to respond.
- Do not reply to the prosecutor or the court yourself in a language you do not command. A reply can be taken as a statement and used.
- Do not rely on a friend's explanation of what a paper means. The titles are similar, and the effects are different.
- Do not move without telling your lawyer. Notices go to the last known address.
- Do not assume that silence from the authorities means the case is closed. Cases can sit unseen for long periods and then move quickly.
- Do not post about the case. Material can be gathered and used.
- Do not agree to an early route without understanding what it leaves on the record. The benefit of a shorter case can be outweighed by the cost of a conviction.
- Do not skip a hearing because you expect the lawyer to deal with it. Ask whether your presence is needed.
- Do not throw away envelopes or delivery slips. The date and manner of delivery can decide whether a deadline was met.
- Do not give your address to the authorities in a way that differs from what you tell the lawyer. The mismatch can cause notices to be served where you will never see them.
When the procedure reaches across a border
For a person who lives outside Italy, the procedure arrives through channels that are slow and unreliable. A notice may be sent to an address in another country through an international post procedure, may be served through the authorities of that country, or may be delivered to a lawyer in Italy. Each method has its own rules about when service is valid, and the date on which a deadline starts may differ from the date on which the person actually saw the paper. The lawyer must establish the date precisely.
Translations are a continuing need. Notices in Italian are accompanied by translations in some cases and not in others, and the translation may be summary. The person may be entitled to a translation of the essential documents, and the lawyer will ask for it where it is missing. Documents that the person wishes to file, such as proof of residence abroad, employment records or medical reports, need to be translated and certified for use in Italy.
Presence is a further matter. A hearing in Italy might be attended in person, through a lawyer with a power of attorney, or sometimes by video. The power of attorney has to be signed and certified in a form Italy accepts, which takes time in the home country. The consulate of the person can help with documents and information, but it does not intervene in the procedure. Time zones affect calls, so agree a fixed slot. A lawyer at home should be told of any trial in absence, because it may have consequences there, for instance if an Italian judgment is later sent for recognition.
How the studio helps a client understand the paper
The usual starting point is a photograph of a document. We tell the client within the same working day, where we can, what kind of paper it is, which deadline it starts and what is needed to respond. The engagement is confirmed in writing, with an estimate of cost in phases, so that the client can see the likely cost of the investigation stage, the decision on prosecution, the trial and any appeal.
Documents are sent by email as photographs or scans. Nobody has to come to an office to begin. The studio works in English and Italian, and our written explanations use plain English, with the Italian term next to it. We prepare a short summary after each important step, and we keep a calendar of dates that the client can see. When a relative prefers another language, we arrange an interpreter for the main conversations.
Offices in Rome, Milan and Naples allow a lawyer to inspect the file at the relevant office and to attend hearings. For clients abroad, we handle the power of attorney and the translations, and we coordinate with a lawyer in their country where the matter has effects there. We remain reachable outside office hours when a notice has a deadline that is close. We do not predict outcomes, because they depend on the evidence and the judge. The email address is avvmassimoromano@gmail.com.
Italian words you will keep seeing on the papers
- Avviso di conclusione delle indagini: the notice that the prosecutor has closed the investigation. It gives a short window to file documents or ask to be questioned.
- Archiviazione: the closing of the file without trial, when the prosecutor decides there is no case to bring.
- Rinvio a giudizio: the sending of the case to trial, after a hearing at which a judge examines the file.
- Udienza preliminare: the preliminary hearing, at which a judge decides whether the case goes to trial.
- Patteggiamento: an agreed sentence, which ends in a conviction with a reduced sentence.
- Rito abbreviato: an abbreviated trial on the papers, with a reduction in sentence if the person is convicted.
- Messa alla prova: suspension of the proceedings while the person carries out a programme to the end, after which the offence is extinguished.
- Appello: an appeal, a full review of facts and law, with its own deadline.
- Ricorso: an application to the highest court on points of law, the last stage.
- Citazione: a summons to appear at a hearing, with date, time and place. It is usually followed by a deadline for the lawyer's requests.
- Decreto penale di condanna: a penal order, a conviction proposed on the papers without a hearing, which can be opposed within a short period.
- Prescrizione: the running out of time, a rule that sets a limit beyond which the offence can no longer be prosecuted.
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