Arrested Or Facing Criminal Charges In Italy? A Guide For Foreigners

Arrested in Italy as a Foreigner: What Happens Next?

When stopped by the police in Italy, both law enforcement officers and citizens must comply with specific legal rules. Arrest and detention are temporary measures restricting personal liberty and are subject to strict legal requirements. An arrest in Italy generally requires that the person be caught in the act of committing an offence, while a detention based on suspicion of a crime may also be ordered outside cases of flagrante delicto when there is a concrete risk of flight.

A person who is arrested or detained in Italy has specific rights, including the right to appoint a lawyer, receive information about the accusation, obtain an interpreter and translation of essential documents, remain silent, access the documents underlying the arrest or detention, contact consular authorities and family members, receive urgent medical assistance, and appear before a judge for validation within the time limits established by law. Foreign nationals arrested in Italy must also be provided with information in a language they understand.

Police may also stop a person for identification in Italy. If a person refuses to provide their identity or there are sufficient grounds to believe that their statements or documents are false, they may be taken to police offices for identification, for the time strictly necessary and in any event no longer than 24 hours. Providing false information or refusing to provide identification may have criminal consequences.

Finally, personal searches, searches of vehicles and premises, and seizures in Italy may only be carried out in circumstances provided by law. In certain cases, such as flagrante delicto, the presence of weapons, explosives, ammunition or drugs, or an existing arrest or detention order, police may conduct a search without prior judicial authorization. Outside these circumstances, a search of a home, private premises or vehicle generally requires judicial authorization.

What Is Flagrante Delicto in Italy?

An arrest in flagrante delicto in Italy occurs when a person is caught in the act of committing an offence, or immediately afterwards while being pursued or found with objects or traces indicating that they committed the offence.

Immediately after the arrest, the police take the arrested person to a police station or prison. At this particularly sensitive stage, the person under investigation has the fundamental right to immediate assistance from a lawyer of their choice or a court-appointed lawyer, as well as the right to remain silent.

Can a Foreigner Be Detained in Italy Before Trial?

Yes. It is possible to be arrested before your trial begins.Pre-trial detention in prison is the most serious coercive measure in criminal proceedings in Italy, as it deprives a person (who is presumed innocent until proven otherwise, because they are under investigation) of their personal liberty.

However, this is an exceptional measure that requires strict requirements and must comply with the principles of proportionality, adequacy and residuality.

The requirements for applying pre-trial detention in prison are:

1. Serious indications of guilt. Simple suspicions are not sufficient; there must be specific circumstances and concrete elements that make the responsibility of the person under investigation appear probable.
2. One of the following precautionary requirements must exist:

• Risk to the acquisition or genuineness of evidence (e.g. interference with evidence or pressure on witnesses).
• Risk of flight (which must be concrete and not presumed).
• Risk of reoffending, namely that the person under investigation may commit other offences of the same type as the offence for which the person is under investigation.

1. Proportionality: pre-trial detention in prison must be applied as a residual measure. In other words, it may be ordered only if the other coercive or restrictive measures, even if applied cumulatively, are inadequate in relation to the precautionary requirements, such as a prohibition on residing in a specific place, an obligation to report, or house arrest.

For particularly serious offences (mafia, terrorism, sexual violence), there is a presumption that imprisonment is adequate, unless there is evidence capable of excluding the precautionary requirements indicated above.

Can a Foreigner Leave Italy While Facing Criminal Charges?

When you are under investigation for an offence committed in Italy, as a general rule, nothing happens unless precautionary measures restricting personal liberty are imposed on the person under investigation.

This means that if a foreigner is under investigation in Italy, they can generally leave Italy and return to their home country, unless certain measures have been imposed against them, such as house arrest, pre-trial detention in prison or a travel ban.

The travel ban (divieto di espatrio) is a precautionary measure whereby the Judge orders the defendant not to leave the national territory without the Judge's authorization.

This means that if you are under investigation in Italy and the Judge imposes a travel ban, you cannot leave Italy without the Judge's authorization.

Can a Foreigner Be Tried in Absentia in Italy?

Yes. Anyone can be convicted in absentia. A conviction in absentia refers to the conviction of a person who has been found guilty of a crime but is not present in court to receive their sentence.

In Italy, the defendant is nevertheless represented by a lawyer, and their physical presence is not required in court. Consequently, a foreign defendant is not required to attend the hearings or come to Italy to hear the sentence.

Arnone&Sicomo Law Firm: International Criminal Lawyer in Italy

Arnone&Sicomo Law Firm provides legal assistance to foreign nationals involved in criminal proceedings in Italy, offering professional support on criminal charges, arrests, investigations and criminal cases. If you are looking for an international criminal lawyer in Italy, our team assists clients with cross-border legal matters and provides guidance throughout criminal proceedings in Italy, protecting their rights and interests at every stage.