Victim of crime in Italy: denuncia, querela and damages
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.
A victim of crime in Italy has to choose between two filings that are constantly confused. A denuncia reports facts that are prosecuted regardless of the victim's wishes. A querela is a formal request that proceedings be brought, required for many offences and tied to a deadline running from the day you learned of the facts; miss it and the case cannot proceed.
For a visitor the consequence is immediate, because most of what happens to tourists — theft, minor injury, threats, damage — goes nowhere unless a querela is filed in time. Reporting the facts and going home is not the same thing. Either can be filed at any police station, with the Carabinieri or directly at the prosecutor's office, and you are entitled to an interpreter and to a copy of what you have filed.
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
- A querela has to be filed within the deadline the code fixes, and withdrawing it extinguishes the offence, which is why the other side often seeks an agreement.
- Robbery, serious injury and sexual offences proceed without the victim's request, while theft, minor injury, threats and defamation generally require one.
- Ask for a copy of what you filed and keep it, because insurers, employers and consulates will all want to see it.
- State facts and dates precisely and name witnesses where you can, attaching medical certificates, photographs, receipts and anything that establishes value.
- Ask expressly to be informed if the prosecutor applies to close the case, because without that request the application can be granted without you ever learning of it.
- Where you have asked to be informed you receive notice of the application and have a short period in which to object, and an objection that merely expresses disagreement is inadmissible.
- A proper objection has to specify what further investigation should be carried out and what evidence supports it, and where it succeeds the judge may order that investigation or direct that a charge be brought.
- Note the file number, and if you are leaving Italy give an address for service and an email address you actually read, otherwise the case continues without you.
Denuncia and querela
| Element | Denuncia | Querela |
|---|---|---|
| Nature | Reporting facts | Request that proceedings be brought |
| When required | Offences prosecuted of the authority's own motion | Offences requiring the victim's request |
| Deadline | None | Three months from learning of the facts |
| Withdrawal | Does not stop proceedings | Extinguishes the offence |
| Typical offences | Robbery, serious injury, sexual offences | Theft, minor injury, threats, defamation |
The practical consequence for a visitor is immediate: for most of what happens to tourists — theft, minor injury, threats, damage — nothing at all happens unless a querela is filed within three months. Reporting the facts and going home is not the same as filing one.
How to file
Both can be filed at any police station, at the Carabinieri, or directly with the prosecutor's office. You are entitled to an interpreter and to a copy of what you have filed — ask for it and keep it, because insurers, employers and consulates will all want it.
- State facts and dates precisely, and identify witnesses by name where you can.
- Attach medical certificates, photographs, receipts and anything showing value.
- Ask expressly to be informed if the prosecutor applies to close the case. Without that request you may never be told.
- Note down the file number given to you.
- If you are leaving Italy, give an address for service and an email you actually read.
The third point is the one that costs people their case. Without a declaration that you wish to be informed, an application to close the file can be granted without you ever knowing there was one.
If they want to close the case
If you asked to be informed, you receive notice of the prosecutor's application and have twenty days to object. An objection that merely expresses disagreement is inadmissible: the law requires you to specify what further investigation should be carried out and what evidence supports it.
That is a technical document, and it is the point at which a lawyer for the injured party earns their fee. Where it succeeds, the judge may order further investigation or direct that a charge be brought.
Claiming compensation inside the criminal trial
Italian procedure allows the injured party to bring the compensation claim within the criminal proceedings, as a parte civile. It has to be done by a deadline that arrives early — before the checks on the parties' appearance are completed at the preliminary hearing or at the opening of the trial — and it is not extendable.
The advantage is access to the evidence gathered by the prosecutor, and the possibility of an immediately enforceable interim award. The trade-off is that criminal proceedings are slow, and an acquittal on the merits can prejudice a later civil claim. Whether to do it depends on the strength of the case and on whether the defendant has anything to pay with.
The whole page turns on a distinction between two words used as though they were the same. The table separates them.
| Element | Denuncia | Querela |
|---|---|---|
| What it is | A report of facts | A request that proceedings be brought |
| When it is required | For offences prosecuted of the authority's own motion | For offences requiring the victim's request |
| Deadline | None | The period the code fixes, running from learning of the facts |
| Effect of withdrawal | It does not stop the proceedings | It extinguishes the offence |
| Typical offences | Robbery, serious injury, sexual offences | Theft, minor injury, threats, defamation |
| What a visitor should conclude | A report is enough for these | A report alone achieves nothing without the request |
If you have already left Italy
You do not need to return to file, to instruct a lawyer or to be joined as a civil party: those steps can all be handled through a lawyer here. Attendance may be required to give evidence, and there are ways of dealing with that which are worth raising early rather than on the eve of the hearing.
Frequently asked questions
What is the difference between denuncia and querela?
A denuncia reports facts prosecuted regardless of your wishes. A querela is a request to prosecute, required for many offences and subject to a three-month deadline.
How long do I have to report a crime in Italy?
Where a querela is required, three months from when you learned of the facts. Where the offence is prosecuted of the authority's own motion, there is no deadline.
Can I claim compensation in the criminal case?
Yes, by joining as a civil party, but the deadline arrives early — before the checks on the parties are completed — and it cannot be extended.
Do I have to come back to Italy?
Not to file, instruct a lawyer or join as a civil party. Attendance may be needed to give evidence, and that can be addressed in advance.
If something happened to you in Italy
The three-month deadline runs from when you learned of the facts, not from when you got home. First contact is free and covered by professional privilege.
How this day can look from different chairs
A visitor has been robbed on a crowded train or in a station, has no wallet, no phone and no idea where the police office is. A resident has been assaulted outside a bar and is deciding whether making a formal complaint is worth the trouble. A business owner has found that a supplier took a deposit and vanished. These are different afternoons, but they lead to the same question: what do I have to do, and by when, for the authorities to take this seriously?
The answer depends on the kind of offence, and that is the point of this page. For some offences the state prosecutes whether or not the victim wants it. For many others nothing happens unless the victim makes a formal request, and the time for making it is short. People who arrive on this page often have the latter kind of problem without knowing it, and they have been told by a friend, a hotel clerk or an insurer to wait and see.
Another typical reader has already filed something and received a paper they cannot read. It may be an acknowledgement, a notice that a hearing is planned, or an invitation to give a statement. A reader may also be abroad already, back home after the trip, wondering whether a case can move forward when the victim lives in another country. Finally there are relatives who write on behalf of an injured person in hospital. Whatever the route, a pair of things matter: keeping the evidence safe and understanding the choice between reporting facts and asking for prosecution. The rest of the page explains how to do each without losing rights by delay.
What is done at the counter determines what the case can later become. The table pairs each step with the problem it avoids.
| Step | What it involves | What it prevents |
|---|---|---|
| Ask for an interpreter | Stating that you do not follow the language | A statement recorded in terms you did not choose |
| Ask for a copy of what you filed | Requesting it before leaving the office | Having nothing to show insurers, employers or a consulate |
| State facts and dates precisely | Writing a sequence rather than an impression | A complaint too vague to be investigated |
| Name witnesses and attach documents | Certificates, photographs, receipts and valuations | Loss of the material that establishes harm and value |
| Declare that you wish to be informed of any application to close | A formal request, recorded in the complaint itself | A closure decided without your knowledge |
| Note the file number and give an address for service | Supplying an address and an email you read | Notices that are valid and never seen |
Decisions that shape what the case can become
The opening decision is whether to report at all, and the answer is rarely a matter of taste. If you do nothing, evidence fades, witnesses disperse, and the short deadline for a formal request continues to run. If you file, the report becomes the foundation of everything that follows, so what it says and how it is worded matter. Ask for time with an interpreter, read the final text, and ask for a copy.
The next decision is what you are asking for. A report of facts and a formal request to prosecute are different acts with different consequences. Where the offence needs your request, filing only a report of facts may leave you exposed to the argument later that you never asked for prosecution. Where it does not, a request adds nothing but may allow you to take steps as the injured person. A lawyer can read the facts and tell you which situation you are in. The cost of getting this wrong is not a lower sentence for the offender; it is no case at all.
Another decision concerns money. You can claim compensation inside the criminal trial, which saves you a separate procedure but ties your claim to the pace and structure of the criminal case. Or you can bring a separate claim, which is slower to start but independent. Settlement offers deserve special caution: withdrawing a request to prosecute in many cases ends the matter for good, so an informal payment accepted in a rush can close the file before you understand what you gave up. Take advice before agreeing to anything, in writing or in person.
Papers and proof to keep within reach
Victims often lose the case in the early days, not because the facts were weak but because the proof disappeared. Build a folder, physical and digital, and keep every item in its original state.
- Medical records. Hospital or clinic paperwork, with dates, the description of injuries and any prognosis written by the doctor. Photograph injuries immediately and again as they change.
- The report itself. A copy of what you filed or signed, with the date, the office and the reference given to you. Do not leave the police station without it.
- Images and recordings. Photos of the scene, of damaged property, of messages and of the person involved if you have them. Keep original files, not screenshots forwarded through messaging apps.
- Financial trail. Receipts, bank statements, card blocks, transfer confirmations and the contract or advert that led to the loss.
- Witnesses. Names and contact details of people who saw what happened, and the staff of any shop, hotel or venue that may hold camera footage. Footage is deleted quickly, so ask for it to be preserved.
- Identity and travel. Copies of your passport or identity card, your address abroad, and proof of the dates you were in Italy.
- Insurance documents. Policy numbers and claim forms, since insurers often require the official report.
Keep a dated note of every contact you have with the police, the offender and any intermediary.
What it does to your trip, your work and your insurance
Being the injured party still disrupts life. A traveller who must stay to give a statement may miss a flight, pay for extra nights and lose days of work. Ask the officers whether a statement can be given before you leave, whether the interpreter will be present, and whether remaining statements can be made later from your home country. These are practical questions with practical answers, and asking them early protects both the case and your plans.
Insurance deserves attention. Many policies pay for stolen or damaged property only on production of an official report, and some set their own short deadlines for notification. If your travel insurer or credit card issuer requires a document, ask for it while you are still at the police office. Lost documents and cards need to be reported to the issuers immediately, and a replacement passport or identity document may be needed before you can leave the country.
Injuries bring their own consequences. Time off work, medical bills, lost income and a damaged ability to drive or lift have to be documented from the start, because they form the heart of a later compensation claim. Keep invoices, doctors' notes and records of what you could not do.
Psychological effects are real and legitimate. Sleep, concentration and work performance can suffer, and a doctor's note recording this is useful evidence, not a sign of weakness. Finally, if the offender is a person you know, such as a landlord, an employer or a relative, the case changes your housing, income and family relationships. Plan for that before you file, not after.
Questions to put to a lawyer about your own case
- Is this an offence that needs my formal request, and if so, until when can I make it? You want the answer in terms of your specific facts, with the date from which the period is counted.
- Have I already done something that could count as a request, or do I need to file again?
- What happens if I withdraw later, and can the offender ask me to do that? Understand the effect before any conversation about settlement.
- Should I claim compensation inside the criminal trial or separately? Ask about speed, risk and cost of each route.
- What if the prosecutor wants to close the case? Find out how you will be informed, and what steps you can take to object.
- Do I have to return to Italy for hearings, or can I take part from abroad?
- How do I prove my losses so a court can put a figure on them?
- Can I be sued or reported in return? Counter-complaints do happen, and you should know the risk.
- Who pays for translation and for my lawyer if the offender is convicted, and what if not? Ask for the answer in writing, together with an estimate of what each stage will cost you.
- Will I be told if the suspect is identified, arrested or released? Victims have a right to be informed at certain points, but you may have to ask how and where notices will be sent.
- Can I be asked to give my account again, and how do I prepare? Repeated questioning is common, and a lawyer can go through your earlier statement with you so that nothing you say later conflicts with it by accident.
The moment that decides many of these cases is the application to close the file. The table sets out each position and what can be done from it.
| Situation | What you receive | What you can do |
|---|---|---|
| You asked to be informed | Notice of the application to close the file | Object within the period allowed, in the proper form |
| You did not ask | Nothing at all | The file can be closed without your knowledge |
| You object in general terms | A ruling that the objection is inadmissible | It has to specify further investigation and the evidence for it |
| You object in the proper form | An examination of the objection by the judge | Further investigation may be ordered, or a charge directed |
| You want compensation as well | A separate decision about joining the proceedings | Join as a civil claimant, through counsel, at the proper stage |
| You have already left Italy | Communications at the address you gave | Act through counsel, who can file and appear for you |
Things that weaken a complaint without a victim noticing
- Do not wait for the offender to apologise. Time runs against you, and a promise to pay or to explain is often a way of letting the deadline pass.
- Do not accept cash from the other side without a lawyer. A payment can be described later as full settlement, or as an admission that you wanted the matter closed.
- Do not confront the offender or ask friends to do so. It can lead to accusations against you, and it makes witnesses reluctant.
- Do not delete messages, even insulting or embarrassing messages. Gaps in a conversation look suspicious, and your own words can be needed to show context.
- Do not post details online. Public accusations can be used against you, and they may disclose information that the prosecutor wants kept confidential.
- Do not sign a report you did not understand. Ask for an interpreter and for time. Corrections are easier on the day than months later.
- Do not exaggerate. A statement that is later shown to be inflated damages everything else you said, even the true parts.
- Do not throw away damaged items. They may be evidence, and an expert may need to see them.
When in doubt about whether an action helps or hurts, hold it back and ask.
When you have left Italy, or the offender has
Many victims of offences in Italy are not residents. They return home within days, and then the case seems far away, slow and confusing. In fact, you can still take part in it. A report can be supported from abroad, a lawyer can act with a signed authorisation, and in many situations a statement can be given by remote means or through the authorities of your home country. The real obstacles are practical: documents in another language, post that arrives late, and a procedure whose dates are communicated to an address you no longer use.
Give the authorities a reliable address and a reliable email, and name a lawyer in Italy who can receive notices. If the notice goes to a hotel you left long ago, you may learn of a hearing after it has taken place. Documents you produce abroad, such as medical records from your home hospital or bank statements, usually need translation before an Italian court will rely on them, and sometimes a formal confirmation of authenticity. Plan for the time this takes.
Calls between your lawyer and you must allow for time zones and for working hours in both places. If the suspected offender has also left Italy, the case may depend on cooperation between authorities in different countries, which is slow. A lawyer in your country can help you keep your side of the story coherent while the Italian lawyer handles the file. Your consulate can help with identity documents and contact, but it cannot pursue the case on your behalf.
How the firm works with injured parties
An injured party instructs the firm by sending a short message or calling, and the initial conversation focuses on what happened and what has already been filed. The lawyer will ask for the report copy, medical papers and any message exchanged with the offender, and will explain what each document proves. If nothing has yet been filed, the firm explains the choice between reporting facts and making a formal request, and prepares the text with you so that it is accurate and understandable.
Communication takes place in English or Italian, in writing and by telephone, with an interpreter arranged when another language is needed. Documents travel through a secure channel, and you receive written confirmation of what is being done and what is being asked of you. The firm works from its offices in Rome, Milan and Naples, which helps when hearings or evidence gathering take place in different cities, and it coordinates with a lawyer in your home country where necessary.
The lawyer will not promise an outcome. The limits of the work are stated at the start: the firm can prepare and file, represent you at hearings, claim compensation within the criminal case if you choose, and keep you informed of every step. It cannot control what the prosecutor decides, and it cannot make an offender pay. Reachability is organised around urgency, and emails about deadlines or hearings receive a prompt reply. If an offer to settle arrives, you are advised before you answer.
Words on the papers you will be given
A pair of words dominate the opening pages of any case that begins with a victim, and the paperwork will use them without explanation. Learning them early prevents mistakes about what has and has not been done.
- Denuncia is a report of facts to the police or the prosecutor. It tells the authorities that something happened. For offences that the state prosecutes on its own initiative, it is enough to start a case, and withdrawing it does not stop the proceedings. It carries no fixed deadline of the kind that applies to the term that follows, although delay damages evidence. When you are given a receipt, check whether the paper describes a denuncia, because that tells you what you have done.
- Querela is a formal request that the offender be prosecuted. It is required for many offences, and it must be filed within a short period running from the moment you learned of the facts. If the period passes, the case cannot go forward, however strong the evidence. A querela can be withdrawn in many situations, and withdrawal extinguishes the offence, which is why informal settlements need care. When you read a document that says the offence is prosecuted on request, it means this step cannot be skipped.
If a document uses a term you cannot find here, ask for it to be explained before you sign or reply. The difference between a report and a request is exactly the sort of detail that decides whether a case exists.
About the lawyer
People write to this office from places where Italian is not spoken, and often with documents they cannot read. That is the starting point of the work rather than an obstacle to it. Avv. Massimo Romano practises criminal law and appears before the Court of Cassation; alongside ordinary Italian proceedings he deals with surrender requests, extradition, and the situation of foreign nationals facing charges in Italy. Send or read out what you have: a notice, a receipt from a search, the name of the prison, a lawyer's letter in another language. He will tell you what the document is and what it obliges you to do. The call is followed by a written note setting out what the office can take on, how the file will be handled between Rome, Milan and Naples, and who in the family will be kept informed. Those conversations are held in English whenever that is what the family needs.
Write on WhatsApp or call. Have ready the identity details of the person concerned and a photograph of every page you have received, in whatever language it is written.
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