Assault Charges in Italy

This page is for someone accused of assault in Italy, which Italian law treats as lesioni personali (bodily harm), percosse (blows) or rissa (affray), and for relatives helping from abroad. It explains how the case starts, how it can end and what an English-speaking lawyer does for the accused.
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About Assault Charges in Italy

Assault charges in Italy usually take the form of lesioni personali, the offence of causing bodily harm, or percosse, striking someone without a lasting injury; a fight between several people can also be charged as rissa (affray). English speakers search for the same thing as an assault charge, bodily harm, causing injury or a brawl that ended with a complaint. This page addresses the person accused and family members helping from abroad, and it is general information rather than legal advice. Some older lists and lawyer pages call this service “Assault Cases”.

Who needs this

Visitors and residents after a fight outside a bar or club, an argument in traffic, a dispute with a neighbour or a landlord, or an incident at a stadium or on public transport. Often the person was stopped by the Carabinieri or the Polizia di Stato, identified and later learned that they are under investigation (indagato), sometimes only when a notice arrives at an address in Italy.

How a case runs in Italy

  • Complaint or not. Many lighter forms of assault go ahead only if the injured person files a querela, a formal complaint, and that person can later withdraw it (remissione di querela), which ends the case. Serious injuries, and some aggravated situations, are prosecuted by the state whatever the injured person wants. Recent reforms moved this line, so which rule applies is the first thing to check.
  • Investigation. The public prosecutor (pubblico ministero) directs the inquiry; witness statements, medical reports and camera footage decide most cases. Self-defence (legittima difesa) is assessed on that evidence.
  • Possible outcomes. The case may be closed, sent to trial, settled through compensation, treated as a minor matter, or suspended with community work (messa alla prova) where the law allows. Some minor cases are heard by a justice of the peace (giudice di pace).

What to pay attention to

A foreign suspect is usually asked to choose an address in Italy for official notices (elezione di domicilio); papers sent there count as received even after the person has gone home. A decreto penale di condanna, a conviction issued on paper without a hearing, can be challenged only within a short period. Medical certificates on both sides matter from the first day.

What an English-speaking lawyer does

The lawyer reads the file, explains the charge in plain English, attends interviews with an interpreter, gathers evidence for the defence, negotiates compensation or a withdrawal of the complaint where that is possible and represents the accused in court, including from a distance through a power of attorney. A person who was hurt and wants a lawyer of their own finds information on legal representation for crime victims; an accusation within a couple or a family is covered under domestic violence allegations. A conviction can later appear on a criminal record certificate. More on criminal law in Italy.

Questions and answers

The other person says they will drop the complaint. Is the case over?

For offences that depend on a querela, a withdrawal that the accused accepts normally ends the case. Where the state prosecutes on its own, the withdrawal does not stop it, although compensation can still matter for the outcome.

I have already left Italy. What happens now?

The case continues. Notices go to the address chosen in Italy or to the lawyer, and the accused can be represented without travelling for most steps.

Is a punch without injury still a crime?

It can be: striking someone may be percosse even without a lasting injury. How it is treated depends on the facts and on whether a complaint was made.

Do I have a right to an interpreter?

Yes. A suspect who does not understand Italian has the right to an interpreter and to the translation of the key documents of the case.

1 lawyer who provides Assault Charges in Italy

Sorted by experience in this service. Write to any of them — the reply comes from the lawyer, without obligation.

  • Alfredo, lawyer in Naples

    Alfredo

    Lawyer · Naples, Italy

    • 30 cases handled
    • 5+ years in practice
    • Speaks: English, Spanish, Italian
    • Masters Degree in Law, Università Federico II di Napoli
    • 5.00(1 review)
    Contact Alfredo
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    07 Sep 2019
    Assault Charges
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    Assault Charges
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    Assault Charges