Lawyers and Notaries

• Consular District of Milan
• Consular District of Florence
• Consular District of Rome
• Consular District of Naples

ITALIAN CIVIL PROCEDURES

The Italian civil judiciary is composed of three tiers of courts. At the first tier, there are 848 justices of peace, with limited jurisdiction (e.g. small car accidents, condominium disputes and disputes with limited sums at issue), and 167 tribunals, with general jurisdiction. At the second tier level, there are 29 courts of appeal. The final tier is the “Corte di Cassazione” (Supreme Court).

Time limits for bringing court actions vary depending on the case. American citizens should consult an attorney licensed to practice in Italy to clarify time limits for a specific legal action.

Defense by a professional is generally required under the Italian system. Parties may proceed unrepresented by a defense lawyer in a limited number of cases (e.g. some cases heard by justices of peace, labor disputes with a low value at stake.)

A civil action is initiated by filing a notification of the case with the court registry. The notification packet will also include, as appropriate, any original summons, power of attorney, and any papers served. The party must state his/her place of abode or elect domicile in the district where the judge in charge of the case sits. The Italian language must be used throughout the proceedings.

A standard fee is payable in advance for any proceedings. The sum varies according to the type of proceeding to be initiated, amounts at stake and the level of court involved.

Once the notification to the court has been submitted, the registrar proceeds to list the case and assembles the court documentation package, to which the documents of all sides involved will be appended.

The presiding judge arranges the times and dates for the first appearance of the parties. Subsequent hearings will be arranged by the judge appointed to the action.

At the end of a debate phase, the court renders a judgment. A first-level judgment can be appealed before the court of appeal and that judgment can be appealed before the “Corte di Cassazione” (Supreme Court).

The length of civil proceedings in Italy varies depending on the issue at stake, the nature of the evidence and the legal motions filed by either party. The average length of proceedings before justices of peace is approximately one year. The average length of proceedings before tribunals, courts of appeal and the Corte di Cassazione (Supreme Court) is approximately three years.

ITALIAN CRIMINAL PROCEDURES

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.

For information on victims of crime, please see Emergency-crime

For information on arrests, please see Assistance to U.S. Citizens Arrested Abroad