Arrested or accused of a crime in Italy? Find out what to do as a foreigner, your legal rights, how to get a lawyer, and why legal assistance in your language is essential.
When can you be arrested in italy?
In order for a person to be arrested in Italy, they must be caught in the act of committing the crime. In such cases, arrest may occur under exceptional circumstances of necessity and urgency.
The Italian legal system provides for two types of arrest in the event of flagrante delicto: mandatory and discretionary. The latter may only be carried out after an assessment of the "seriousness of the offense" or the "danger posed by the individual."
Specifically, arrest may take place when the perpetrator:
- Is caught in the act of committing the crime;
- Is apprehended immediately after committing the crime, for example, when pursued and stopped by law enforcement;
- Is found with objects or evidence clearly indicating that they have just committed the offense.
What happens when you get arrested in Italy?
Once the arrest has been carried out, the person is taken to the police station for identification purposes. An arrest report will then be drafted. If the individual is a foreign national, the identification must be conducted with the assistance of an interpreter, at the very least.
The foreign national will be informed of their rights and invited to elect a domicile in Italy, as well as to appoint a lawyer of their choice. If they do not appoint one, a court-appointed defense attorney will be assigned. The defense attorney—whether chosen or appointed—must be informed of the arrest immediately.
The Public Prosecutor must also be promptly notified of the arrest. The police will then escort the arrested individual to the prison facility located in the jurisdiction where the offense was committed, to enable their questioning by the Public Prosecutor.
During the interrogation, in the presence of the defense attorney, the Public Prosecutor will inform the arrestee of the offense they are being charged with, the reasons for the arrest, and the evidence against them.
Within forty-eight hours of the arrest, if the Public Prosecutor does not order the release of the individual, they must request judicial validation of the arrest from the Judge for Preliminary Investigations (GIP).
The validation hearing must take place with the mandatory presence of the suspect's defense attorney.
Following the hearing, the Judge will decide whether to confirm the arrest or not. If the arrest is confirmed, the order may be appealed before the Court of Cassation.
The pre-trial detention order must be translated into a language understood by the suspect, otherwise it will be null and void.
What are the rights of the accused in Italy?
The rights granted to the arrested person are listed in the identification report and include:
- The right to appoint a defense lawyer of their choice;
- The appointment of a court-appointed lawyer if the person is unable to appoint one of their own;
- The election of a domicile, meaning the indication of an address in Italy where the individual wishes to receive notifications regarding the criminal proceedings.
For a foreign suspect, the election of a domicile in Italy is a very important act. If the suspect does not elect a domicile, they will have no knowledge of the developments in the criminal case against them in Italy, as no procedural documents would be served to them.
This is why it is highly recommended to elect domicile at the address of the defense lawyer.
- Information on the requirements for applying for legal aid (State-funded legal assistance).
Often—but not always—the identification report includes the name of the Public Prosecutor, the case number, and the criminal offense(s) under investigation.
This is a very important document, and its translation into a language understood by the suspect is mandatory.
As an alternative to written translation, the reading of the identification report must be accompanied by an interpreter who speaks the foreign language.
What to do if you get arrested in Italy?
If you have been arrested in Italy or are accused of a crime, contact an Italian criminal lawyer if you have the chance.
If you don't know one, don't worry. You can always appoint a lawyer of your choice at any time.
Make sure that the police record in the report that youdo not understand or speak Italian.This will help the lawyer who assists you to ensure you receive the best possible defense.
Do not make any statements to the police without your lawyer being present.
Ask to contact a family member or friend who can appoint a lawyer on your behalf.
How can help you?
Understanding your rights after being arrested in Italy è fondamentale per assicurare la migliore difesa processuale. Se sei alla ricerca su come ottenere assistenza in lingua straniera in un procedimento penale in Italia o cerchi un criminal defence solicitors in Italy, contattaci.
The law firm Arnone & Sicomo includes a criminal law department composed of highly qualified professionals who have been involved for years in some of the most complex criminal cases.
Attorney Donatella Sicomo, Partner and founding member of the firm, is a criminal lawyer in Italy and carefully coordinates every member of the criminal law team.
Understanding your rights after being arrested in Italy is essential to ensuring the best possible legal defense.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
