Italy
Italian Criminal Law Procedure: An Overview
Italian criminal procedure has its own vocabulary for how a case actually starts, and getting the wrong term, or missing the deadline that goes with it, can be the difference between a case moving forward and one that legally cannot proceed at all. This page covers three practical entry points into that system: how a case begins, a specific offense with its own extended deadline and its own preventive tool, and how to obtain your own criminal record.
This page orients that landscape and points to the three pages in this section that carry the full mechanics.
Information verified on 21 July 2026. This page provides general legal information and does not constitute legal advice for an individual situation.
How a case starts: denuncia or querela
A denuncia reports a reato procedibile d'ufficio, a crime the State pursues on its own initiative regardless of what the person reporting it wants. A public official who learns of one in the course of their duties must file one. A querela is different in kind: it is the offended person's own request that the offender be prosecuted, required for a narrower set of crimes, and without it the case does not move forward however clear the evidence.
Our page on denuncia versus querela works through which act applies to which kind of crime, including a 2018 reform that moved simple theft and simple fraud from automatic prosecution to querela only, and the three month deadline that applies once a querela is required, which is not the same length as ninety days.
An offense with its own deadline and its own preventive tool: stalking
Stalking, atti persecutori under art. 612-bis c.p., is one of the clearest illustrations of why the denuncia and querela distinction matters in practice. It generally requires a querela, but the deadline is six months rather than the ordinary three, and a person experiencing the conduct can request a preventive administrative warning, the ammonimento del Questore, before ever filing one.
Our stalking page covers the offense itself, the current penalty, the ammonimento, and where to get help, including a free helpline answered 24 hours a day.
Your own record: the casellario giudiziale
Separately from any of the above, many people need to prove what is, or is not, on their own record, for a job application, a professional licence, or a residency file. The casellario giudiziale certificate has been a single document since a 2018 reform merged three separate certificates into one, and it excludes several categories of past events by law.
Our page on the casellario giudiziale covers how to request it, what it costs, how long it stays valid, and the narrow case in which an employer can lawfully request it directly.
For the wider range of Italy coverage on this site, see the Italy hub.
Frequently Asked Questions
What is the difference between a denuncia and a querela in Italy?
A denuncia reports a crime the State prosecutes automatically; anyone with knowledge of it may file one. A querela is the victim's own required request for a narrower set of crimes, and without it those cases do not proceed at all.
How long do I have to file a querela in Italy?
The ordinary deadline is three months (tre mesi) from the day the victim learns of the offense, which is not the same length as a flat ninety days. Stalking carries a longer, six month deadline instead.
Is theft always prosecuted automatically in Italy?
No. Since a 2018 reform, simple theft and simple fraud without an aggravating circumstance require a querela from the victim. The State still prosecutes automatically only where specific aggravating circumstances apply.
What can I do about stalking before filing a formal complaint?
A person experiencing the conduct can request the ammonimento del Questore, a preventive administrative warning, from the police before ever filing a querela. It does not require having filed anything first.
How do I get a copy of my own Italian criminal record?
You can request the certificato del casellario giudiziale in person at the Ufficio locale del casellario inside a Procura della Repubblica, by post, or by booking online, without needing to give a reason for the request.
Do I need a lawyer to file a denuncia or querela, or to request my criminal record?
No. All of these are direct dealings with the police, the Procura, or the Ministero della Giustizia, and none requires the assistance of a lawyer, though a legal representative can act on your behalf where you cannot do so yourself.
Sources and References
- art. 333 c.p.p., Denuncia da parte di privati(normattiva.it).gov
- art. 331 c.p.p., Denuncia da parte di pubblici ufficiali e incaricati di un pubblico servizio(normattiva.it).gov
- art. 120 c.p., Diritto di querela(normattiva.it).gov
- art. 124 c.p., Termine per proporre la querela. Rinuncia(normattiva.it).gov
- art. 612-bis c.p., Atti persecutori(normattiva.it).gov
- art. 8, D.L. 23 febbraio 2009, n. 11, conv. L. 23 aprile 2009, n. 38, Ammonimento(normattiva.it).gov
- D.Lgs. 2 ottobre 2018, n. 122, art. 7 (efficacia della riforma del casellario giudiziale)(normattiva.it).gov
- art. 24, DPR 14 novembre 2002, n. 313, Certificato del casellario giudiziale richiesto dall'interessato(normattiva.it).gov
- Polizia di Stato, La querela(poliziadistato.it).gov