Stalking (Atti Persecutori) Under Italian Law: Protection, Reporting and the Querela Deadline

Stalking, atti persecutori in Italian law, is a crime under art. 612-bis of the codice penale. It covers a pattern of repeated conduct, threats or harassment, that causes lasting anxiety or fear, a genuine fear for one's safety, or forces the person targeted to change their daily habits. This page is written for someone experiencing that conduct: it explains what the law covers, the penalty a court can impose, the preventive tool available before filing a formal complaint, and where to get help.

This page is strictly informational about the offence and the protections available. It is not written as a guide for anyone considering this conduct, and it does not describe how to evade any of the protections below. If you want a protective step that does not require filing a querela first, the ammonimento del Questore, described further down this page, can be requested straight away and does not depend on having filed anything. If you are in immediate danger, call 112 or 113. For non-emergency support and guidance at any hour, the free antiviolenza e stalking helpline, 1522, is answered 24 hours a day, every day, in Italian and several other languages, and does not require you to have filed anything yet. For the related question of when a report is a denuncia and when the victim must file a querela, see denuncia versus querela.

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

What the law actually covers

Art. 612-bis c.p. punishes whoever, through repeated conduct (condotte reiterate), threatens or harasses another person in a way that causes a lasting and serious state of anxiety or fear, or a well founded fear for their own safety or that of a close relative or someone they are in an affective relationship with, or forces them to change their habits of daily life. The conduct has to be repeated; a single incident, however distressing, does not by itself meet this definition, though it may fall under a different offence, such as threats (minaccia, art. 612 c.p.) or harassment (molestia).

The effect on the victim is central to the offence. It is not enough that the conduct was unwanted; the law requires that it actually produced one of three outcomes: lasting anxiety or fear, a genuine fear for personal safety, or a change in how the victim lives their life, such as changing routes, avoiding places, or changing jobs to avoid contact.

The penalty, and how it has changed

The offence was created in 2009 and its penalty range has been amended more than once since. When first introduced, the range was reclusione from 6 months to 4 years, in force only from 25 February 2009 to 19 August 2013. It was then widened to 6 months to 5 years, and the Codice Rosso reform, in force from 9 August 2019, raised both the floor and the ceiling again, to 1 year to 6 years and 6 months. A further amendment took effect on 17 December 2025, adding a new aggravante for gender-motivated conduct without changing that base range. As of the verification date on this page, the base penalty is reclusione from 1 year to 6 years and 6 months; lower ranges reported elsewhere describe periods that are no longer in force.

Several circumstances raise the penalty further. It increases where the conduct is committed by a spouse, including a separated or divorced spouse, or by a current or former partner, or where it is carried out through computer or telematic tools. It increases by up to half where the victim is a minor, a pregnant woman or a person with a disability recognised under art. 3 of L. 5 febbraio 1992, n. 104, or where the offender used weapons or was disguised. Since the amendment in force from 17 December 2025, it also increases, by one third to two thirds, where the conduct amounts to an act of gender-based hatred, discrimination, subjugation, control, possession or domination, or an act restricting the victim's individual freedoms, or is connected to the victim's refusal to start or keep a relationship.

The querela: six months, not three, and when it does not apply at all

Atti persecutori is procedibile a querela: a case only proceeds if the victim files one. The deadline is six months from the day the victim learns of the conduct, twice the ordinary three month deadline that applies to most querela-only offences; the extended window reflects that a pattern of repeated conduct can take longer to recognise for what it is and to document than a single incident.

Withdrawing the querela, remissione, is deliberately harder here than for an ordinary offence. It can only be made processuale, formally before the court, not simply by telling the other side privately that you no longer wish to proceed. Where the conduct involved reiterated grave threats, in the sense described in art. 612, second comma, c.p., the querela is irrevocable outright: it cannot be withdrawn at all, regardless of what either side later wants.

The querela requirement does not apply in every case. The State prosecutes automatically, d'ufficio, without waiting for a querela, where the victim is a minor or a person with a disability recognised under art. 3, L. 104/1992, or where the stalking is connected to another offence that is itself prosecuted automatically. In those situations, the case can proceed even if the victim has not filed anything.

The ammonimento del Questore: a step you can take before filing a querela

Before filing a querela, a person experiencing conduct that may amount to stalking can request the ammonimento del Questore, a preventive administrative warning, under art. 8 of D.L. 23 febbraio 2009, n. 11, converted with amendments by L. 23 aprile 2009, n. 38. The request is made to the questore, who, gathering information from investigators where needed and hearing the people informed of the facts, warns the person concerned orally where the request is well founded, invites them to conduct themselves lawfully, and records the warning in a written verbale, a copy of which goes to both the person who asked for it and the person warned.

The ammonimento is often the more useful first step for someone who wants the conduct to stop without immediately starting a criminal case, and it has real consequences later if the conduct continues. If the person already warned then commits stalking, or the separate offence of unlawfully sharing sexually explicit images or videos (art. 612-ter c.p.), against anyone, not necessarily the same victim, the penalty for that later offence is increased, and the case becomes one the State prosecutes automatically rather than waiting for a querela. The ammonimento does not itself impose a criminal record, and it does not guarantee that the conduct will stop; it is a documented warning with consequences attached to what happens next.

Someone receiving dozens of unwanted messages a day from an ex-partner, who has begun showing up outside their workplace, can go to the Questura and ask for an ammonimento before deciding whether to file a querela. If the conduct continues after the warning, that later conduct is both more serious in the eyes of the law and easier to pursue, since the earlier ammonimento is now part of the record.

A person being followed and photographed by a stranger who has begun leaving notes at their door meets the pattern requirement (condotte reiterate) even without a prior relationship between them; atti persecutori does not require the offender to know the victim personally or to have any romantic history with them.

Where a stalking victim is a minor, for example a teenager being repeatedly harassed online by an adult, the case is procedibile d'ufficio: the prosecutor can act without waiting for anyone to file a querela, and the six month deadline that applies to an adult victim's own querela is not the limiting factor.

Preserving evidence

Whatever route is taken, from the ammonimento through to a querela, evidence built up over time is what makes a pattern visible to an outside decision-maker who did not experience it. Keep messages, voicemails, call logs and any images or videos exactly as received rather than deleting them, even the ones that are upsetting to look at. Keep a dated log of each incident, including where it happened and who else was present or nearby, since a pattern is easier to establish from a contemporaneous record than from memory alone months later.

Getting help

If you are in immediate danger, call 112 or 113. For guidance at any other time, the antiviolenza e stalking helpline, 1522, is free, answered 24 hours a day every day of the year, reachable from any landline or mobile number, and staffed by specialised operators who can also direct you to local support services. It does not require you to have filed a denuncia, a querela or an ammonimento request first, and support is available in several languages besides Italian.

What this page does not do

This page describes the offence, the protective tools available, and where to find help. It does not tell any individual reader what to do about their own situation, does not predict the outcome of a querela or an ammonimento request, and is not a substitute for speaking with the police, a support service, or a legal professional about the specific facts involved. For the general distinction between a denuncia and a querela, see denuncia versus querela; for the site's wider Italy coverage, see recordinglaw.com's Italy hub.

Frequently Asked Questions

What counts as stalking under Italian law?

Art. 612-bis c.p. punishes repeated conduct, threats or harassment, that causes lasting and serious anxiety or fear, a well founded fear for personal safety, or forces the victim to change their daily habits. A single incident does not by itself meet this definition, though it may fall under a different offence such as threats or harassment.

What is the current penalty for stalking in Italy?

The current penalty under art. 612-bis c.p., in force since 17 December 2025, is reclusione from 1 year to 6 years and 6 months. The range has changed more than once since the offence was created in 2009; older, lower ranges reported elsewhere describe periods that are no longer in force.

How long do I have to file a querela for stalking?

Six months from the day you learn of the conduct, longer than the ordinary three month deadline that applies to most querela-only offences. The extended window reflects that a pattern of repeated conduct can take longer to recognise and document than a single incident.

Can I withdraw a querela for stalking once I have filed it?

Withdrawal (remissione) must be made formally before the court (processuale); it cannot be done simply by telling the other side privately. Where the conduct involved reiterated grave threats, the querela is irrevocable outright and cannot be withdrawn at all.

What is the ammonimento del Questore, and how is it different from filing a querela?

The ammonimento is a preventive administrative warning that a person can request from the questore before filing a querela, under art. 8 of D.L. 11/2009. If the questore finds the request well founded, they warn the person orally and record it in writing. It does not start a criminal case, but if the warned person later commits stalking or shares sexual images unlawfully against anyone, the penalty for that later offence is increased and prosecuted d'ufficio.

Does stalking always require the victim to file a querela?

No. The State prosecutes automatically, d'ufficio, without waiting for a querela, where the victim is a minor or a person with a disability recognised under art. 3 of L. 104/1992, or where the stalking is connected to another offence the State already prosecutes automatically.

Where can I get help if I am being stalked?

Call 112 or 113 if you are in immediate danger. For guidance at any other time, the free antiviolenza e stalking helpline, 1522, is answered 24 hours a day, every day, in Italian and several other languages, and you do not need to have filed anything first.

Does the offender need to be a current or former partner for it to be stalking?

No. Art. 612-bis c.p. applies to anyone whose repeated conduct meets the definition, regardless of any relationship with the victim. Where the offender is a current or former spouse or partner, the penalty is increased, but that relationship is not a requirement of the base offence.