Denuncia vs Querela: The Difference That Decides Whether a Case Moves Forward

Denuncia and querela are two different acts, and mixing them up is one of the most common misunderstandings a person encounters when a crime happens to them, or when they witness one, in Italy. A denuncia reports a crime the State prosecutes on its own initiative, regardless of what the person reporting it wants. A querela is the victim's own request that the offender be prosecuted, and without it certain crimes cannot move forward at all.

This page explains which act applies to which kind of crime, who may file each one, where and how to file, and the deadline that makes the distinction matter in practice. For the specific offence of stalking, which has its own extended querela deadline and its own preventive tool, see stalking under Italian law, and for how to obtain a copy of your own criminal record, see the casellario giudiziale certificate.

Information verified on 21 July 2026. This page provides general legal information and does not constitute legal advice for an individual situation.

What a denuncia actually is

A denuncia is the act by which anyone who has learned of a crime the State prosecutes on its own initiative, a reato procedibile d'ufficio, brings it to the attention of the pubblico ministero or a police officer. Art. 333 c.p.p. lets any private citizen file one, orally or in writing, personally or through a special representative. It does not require the person filing to want any particular outcome for the offender; it simply puts the authorities on notice, and once notice is given, the State decides whether and how to proceed.

For a public official who learns of such a crime in the course of their duties, filing is not optional. Art. 331 c.p.p. obliges them to report it in writing without delay, even if the person responsible has not yet been identified. A private citizen faces no such obligation for an ordinary offence; filing a denuncia is a choice, except for a short list of especially serious crimes where the law makes it mandatory even for a private person.

A shopkeeper notices that the till is short after closing and cannot identify who took the money. She can go to her local Commissariato and file a denuncia describing what she found, even without naming a suspect, and investigators take it from there. She does not need to want a specific outcome for the person responsible; the report itself sets the process moving, provided the offence is one the State pursues on its own.

What a querela actually is, and why it exists

A querela is different in kind, not just in name. It is the offended person's own declaration that they want the offender prosecuted, and it is required before the State can act at all for a reato procedibile a querela di parte. Art. 120 c.p. gives the right of querela to the person offended by the crime; for a child under 14 or a person interdicted for mental incapacity, a parent or guardian exercises that right on their behalf.

The reasoning is that the law treats a narrower set of harms as primarily the victim's own business rather than automatically the State's, letting the victim decide whether pursuing a prosecution is worth the exposure a criminal case brings. Defamation, most simple bodily injury, and stalking work this way; the mechanics common to all of them are the focus of the rest of this page.

The line moves: a 2018 reform many people have not caught up with

The clearest illustration of how easy this distinction is to get wrong is theft. Many people assume that if someone steals from them, the State automatically prosecutes, the way it does for a violent crime. That assumption was accurate before 9 May 2018. D.Lgs. 10 aprile 2018, n. 36 moved simple theft, furto semplice under art. 624 c.p., and simple fraud, truffa under art. 640 c.p. where none of the aggravanti listed in each article apply, from procedibile d'ufficio to procedibile a querela di parte.

Since that date, ordinary theft or fraud without an aggravating circumstance does not move forward unless the victim files a querela within the deadline described below. The State still prosecutes automatically in a narrower set of cases than people assume: where the victim is incapacitated by age or infirmity, or where the specific circumstances in art. 625 n. 7 (theft from public offices, from seized or impounded goods, or from things destined for a public service, but NOT things merely left exposed alla pubblica fede) or n. 7-bis (metal theft from public infrastructure) apply. Carrying a weapon or acting in a group are aggravanti that raise the penalty, but they do not by themselves make the offence prosecutable d'ufficio. A shopper whose bag is picked in a crowd, where the victim is not incapacitated and none of the art. 625 n. 7 or n. 7-bis circumstances apply, now has to file a querela in time, or the case does not proceed even once the offender is identified.

A tourist has their phone stolen from an outside café table while looking away for a moment. The victim is not incapacitated by age or infirmity, and none of the art. 625 n. 7 or n. 7-bis circumstances apply. Under the current version of art. 624 c.p., this is furto semplice, procedibile a querela di parte since the 2018 reform. If the tourist wants the case pursued, they, or a representative acting for them, must file a querela within the deadline, not simply a denuncia describing what happened.

Bodily injury follows a similar but not identical pattern. Art. 582 c.p. makes ordinary lesione personale, an injury causing illness in the body or mind, procedibile a querela. The State takes over automatically, d'ufficio, only where one of a defined set of aggravanti applies, among them injuries lasting more than 20 days inflicted on someone incapacitated by age or infirmity, or the aggravanti listed in arts. 583, 583-quater and 585 c.p.

Two neighbours argue and one shoves the other, who falls and needs a few stitches, an injury that heals within the range covered by art. 582's base rule. That is procedibile a querela: the injured neighbour must file within the deadline for the case to proceed. If the same shove happened to a person the offender knew to be frail and elderly, and the injury lasted longer, the aggravante for an incapacitated victim could make the case procedibile d'ufficio instead, meaning it moves forward regardless of whether a querela is filed.

The querela deadline: three months is not the same as 90 days

Art. 124 c.p. sets the ordinary deadline at tre mesi, three months, running from the day the offended person learns of the fact that constitutes the offence, not from the day it happened if the two dates differ. The querela deadline is three months, not a flat 90 days, since calendar months run different lengths than a fixed day count, and Italian legal practice keeps the two concepts distinct rather than treating a calendar-month deadline as a round number of days. Missing the deadline extinguishes the right to querela; the offence cannot be revived by filing late.

A small number of offences carry a longer deadline. Stalking, atti persecutori under art. 612-bis c.p., gives the offended person six months rather than three, reflecting how a pattern of conduct can take longer to recognise and document than a single incident; the full mechanics are on the stalking page.

Where and how to file each act

Both a denuncia and a querela can be filed at any Questura, Commissariato di Pubblica Sicurezza or Carabinieri station, or directly with the Procura della Repubblica, either orally, with an officer recording what is said, or in writing (arts. 333 and 337 c.p.p.). A querela can also be sent by registered post with an authenticated signature, or lodged with a consular official abroad. Whoever receives it records the date and place of filing before forwarding the file to the pubblico ministero.

Elderly people and people with disabilities can ask for a denuncia to be taken at home rather than travelling to a station, by calling 113 to request the service. Neither act requires the assistance of a lawyer, though a special representative can file on the person's behalf where they cannot do so themselves.

Withdrawing a querela: remissione

A querela can usually be withdrawn. Art. 152 c.p. calls this remissione and provides that it extinguishes the offence. Whether the accused can block it is a separate article: art. 155 c.p. says the remissione has no effect if the accused has expressly or tacitly refused it. Remissione can be processuale, made formally before the court, or extraprocessuale, made outside the proceeding, and either can be express or, in some circumstances, tacit, inferred from conduct inconsistent with wanting to continue.

The word «accepted» matters. A withdrawal only takes legal effect once the accused accepts it; an accused person who wants their day in court in order to be formally acquitted, rather than have the matter simply dropped, can refuse the remissione and the case continues. A small number of offences, stalking among them where the conduct involved reiterated grave threats, make the querela irrevocable outright regardless of what either side later wants, which the stalking page covers in full.

What this page does not do

This page describes the general rules that decide whether a denuncia or a querela applies and how each is filed. It does not tell a reader which one applies to their own situation, since that turns on the specific offence and its aggravanti, and it is not a substitute for speaking with a legal professional or the officer taking the report about the facts of a particular case. For how to obtain your own criminal record certificate, see the casellario giudiziale page; for the offence of stalking and its own extended deadline, see atti persecutori; for the site's wider Italy coverage, see recordinglaw.com's Italy hub.

Frequently Asked Questions

What is the difference between a denuncia and a querela?

A denuncia reports a crime the State prosecutes on its own initiative (procedibile d'ufficio); anyone with knowledge of it may file one, and it is generally not something the person filing can later withdraw. A querela is the offended person's own request that the offender be prosecuted, required for a narrower set of crimes (procedibile a querela di parte), and without it those cases do not proceed at all.

Do I need a lawyer to file a denuncia or a querela?

No. Neither act requires the assistance of a lawyer. You can file either one yourself, orally or in writing, at a Questura, a Commissariato di Pubblica Sicurezza, a Carabinieri station, or the Procura della Repubblica. A legal representative can file on your behalf where you cannot do so yourself.

How long do I have to file a querela?

The ordinary deadline under art. 124 c.p. is three months (tre mesi) from the day you learn of the fact that constitutes the offence, not from the day it happened if the two dates differ. Three calendar months is not the same as a flat count of 90 days. Stalking (atti persecutori) is an exception, with a six month deadline; see the stalking page for details.

Is theft always prosecuted automatically in Italy?

No, not since a 2018 reform. D.Lgs. 36/2018, in force from 9 May 2018, moved simple theft (furto semplice, art. 624 c.p.) and simple fraud (truffa, art. 640 c.p.), where none of the listed aggravanti apply, from procedibile d'ufficio to procedibile a querela di parte. The State still prosecutes automatically where an aggravante applies, such as a weapon, an organised group, or a victim incapacitated by age or infirmity.

Can I withdraw a querela once I have filed it?

Generally yes, through remissione under art. 152 c.p., but the withdrawal only takes legal effect once the accused accepts it. An accused person who wants a formal acquittal rather than the matter simply being dropped can refuse the remissione, and the case continues. A small number of offences, including stalking under certain conditions, make the querela irrevocable outright.

Where can I file a denuncia or a querela?

Both can be filed at any Questura, Commissariato di Pubblica Sicurezza, Carabinieri station, or directly with the Procura della Repubblica, either orally, with an officer recording what is said, or in writing. A querela can also be sent by registered post with an authenticated signature, or lodged with a consular official abroad.

What happens if I miss the querela deadline?

The right to file the querela is extinguished under art. 124 c.p., and the case cannot proceed on that basis afterward. There is no procedure to revive it by filing late; the deadline is treated as final.

Is a public official required to report a crime they learn about at work?

Yes. Art. 331 c.p.p. obliges a public official or a person charged with a public service who learns of a reato procedibile d'ufficio in the course of their duties to report it in writing without delay, even if the person responsible has not yet been identified. A private citizen faces no such general obligation for an ordinary offence.