Victims of Crime

General Information

Victims of violent crime in Italy (e.g. sexual assault, rape, robbery) should seek medical attention at the nearest public hospital within 24 hours after the crime occurred.

Victims of crime may file a police report in Italy. A police report must be filed within three months from the date the crime occurred. Under Italian law, for the police report to be valid, it must be filed in Italy. American citizen crime victims cannot file a valid Italian police report upon return to the U.S. For a report to be as useful as possible to Italian authorities, the crime victim should provide as many details as possible about the crime to the Italian police.

Although criminal cases are pursued by the Public Prosecutor, crime victims should consider hiring a private lawyer to assist them through the Italian criminal proceedings and any civil compensation proceedings. Part of the attorney fees and legal expenses may have to be paid by the client prior to the beginning of a trial.

For a list of English-speaking attorneys please see: http://italy.usembassy.gov/acs/professionals/lawyers/lawyers-main.asp

Several associations for the protection of victims of crime can provide protection, assistance as well as legal and psychological counseling. For more information, please see:

• www.telefonorosa.org
• www.solideadonne.it
• www.casainternazionaledelledonne.org

If you are a victim of crime in Italy, you may contact the U.S. Embassy in Rome or nearest Consulate (Milan, Florence, or Naples.) for information and assistance. Please follow this link for contact information: http://italy.usembassy.gov/acs/addresses.asp

General information and other useful links for victims of crime are available at the Department of State’s Help for American Victims of Crime Overseas webpage.

Italian Criminal Procedures

The following information is provided as a general overview of Italian criminal procedures, which can differ greatly from those in the U.S. It is not intended to substitute for advice from a lawyer licensed to practice in Italy. For definitive legal guidance and advice, victims of crime should consult a lawyer. For a list of English-speaking attorneys please see: http://italy.usembassy.gov/acs/professionals/lawyers/lawyers-main.asp

Victims of crime may be entitled to claim civil damages during a criminal trial against an alleged offender. The Italian Code of Criminal Procedure authorizes the initiation of a civil action for compensation and damages for victims who have suffered harm. This action must be brought before the court has ruled on the criminal proceedings. An Italian attorney can provide further information to crime victims on the Italian Code of Criminal Procedure and other Italian laws.

Criminal procedures begin with the "notizia di reato" (notification of a crime) at the Public Prosecutor’s Office by the "Polizia Giudiziaria" (Judicial Police) or by any citizen.

The Prosecutor’s Office has a maximum of six months to a year (depending on the nature of the crime) to carry out an investigation on a suspect. If an investigation develops into a very complex case (e.g. if the investigation has to be carried out abroad or if the case cannot be concluded in the time allowed) the term for completing the investigation may be extended to between 18 months and 2 years.

After an investigation is completed, the procedure may have various outcomes, as described below.

If the prosecutor determines there is not enough evidence to support the charge or presumes the suspect is innocent, he/she can ask the magistrate in charge of the case to terminate the procedure. The prosecutor must inform the crime victim of his/her intention to apply for dismissal of a case for lack of sufficient evidence. The victim may then file an opposing brief with the magistrate. If the magistrate deems the victim's brief in favor of prosecution well-founded, the magistrate can order the prosecutor to continue the investigation or to file formal charges against the alleged suspect. If the prosecutor and the magistrate agree on the termination of the procedure, the case is definitively closed.

If the prosecutor determines there is sufficient evidence to support the charge, he/she may ask the magistrate to proceed with the indictment and trial. If the magistrate agrees with the prosecutor, he/she sets a hearing date with the competent court. At this stage, the trial begins. Preliminary issues are verified and the debate begins. The magistrate can, however, disagree with the prosecutor and decide to close the case without proceeding to a trial.

It is advisable for a victim to appear personally at the first hearing. The magistrate may decide to refund travel expenses for a victim in order to guarantee his/her presence at a particular hearing but only if special circumstances warrant this.

At the end of the debate, the magistrate issues a verdict. The verdict can be appealed before courts of appeal, including up to the “Corte di Cassazione” (Supreme Court).

The length of criminal proceedings in Italy varies depending on the type of crime, the nature of the evidence and the legal motions filed by either party. The average length of investigations carried out after the “notification of a crime” is approximately one year. The length of criminal proceedings before tribunals cannot exceed seven years and six months. The average length of proceedings before courts of appeal is approximately two to three years. The average length of proceedings before the “Corte di Cassazione” (Supreme Court) is approximately one year.

VICTIM COMPENSATION PROGRAMS IN ITALY AND IN THE UNITED STATES

Italy has a program which provides financial compensation for victims of terrorism and organized crime. Italy does not have a program for compensating victims of other violent or personal crime. Victims of terrorism or organized crime in Italy must have reported the crime to the local prefect’s office where the crime occurred providing the date, location, injuries, and losses resulting from the crime. To be eligible for this program, a victim of terrorism or organized crime must file the application within 3 months after the last judicial decision in the case.

For information about crime victim compensation programs in the U.S., please see the National Association of Crime Victim Compensation Board (www.nacvcb.org) website.