Arrested in Italy: what happens and what to do

What to do now

< p>Six things, in order.

• Say that you want a lawyer, and then stop talking. You are not required to explain yourself, and an explanation given without advice, through an interpreter you did not choose, is the material that gets used later.
• Ask for an interpreter. Not a bilingual officer, an interpreter. This is a right, not a courtesy, and questioning should not proceed without one if you do not follow Italian.
• Do not sign anything you have not understood. A signature on a document you could not read is very hard to undo afterwards.
• Give a contact. One name, one number. That person can instruct a lawyer for you within the hour.
• Ask for your consulate to be notified if you want it. It is your choice, and it is not automatic in every case.
• Note the time. The clock that matters starts at the moment of arrest, not at the moment you arrive at the station.

What you do not do in the first hours matters more than what you do. There is no version of this in which talking your way out at the police station works better than saying nothing and waiting for a lawyer.

The first 48 hours

The sequence is fixed and short.

The police must inform the prosecutor of the arrest without delay. The prosecutor then has 48 hours from the arrest to ask the judge to confirm it. The judge must hold the confirmation hearing within 48 hours of receiving that request. The outer limit is therefore 96 hours from arrest to hearing, and in practice it is usually shorter.

At that hearing three things happen at once: the judge decides whether the arrest was lawful, decides whether you should be held, released, or placed under a lesser measure, and questions you if you wish to be questioned. Your lawyer must be present. This is the first real point at which the case can be moved, and it is also the point at which most foreign nationals arrive without having chosen anyone.

If you are reading this for someone else

You are probably not in Italy, and you may not know where the person is being held. You can still act today.

• You can instruct a lawyer on their behalf. Confirmation from the detained person follows at the first meeting; it does not need to come first.
• A lawyer can find out which police station or prison holds them, which prosecutor has the file, and when the confirmation hearing is listed. That call takes minutes and you cannot make it yourself from abroad.
• You do not need to travel. Nothing in the first 48 hours requires your physical presence in Italy.
• Money can be sent to a detained person in Italy, but through a defined procedure that varies by prison.

The single most useful thing you can do is get a lawyer appointed before the confirmation hearing rather than after it.

Instructing a lawyer

Italy appoints a duty lawyer automatically if you have not chosen one. That lawyer is a real lawyer with real obligations, but they are assigned case by case, may not speak English, and are not chosen by you.

You can replace the duty lawyer at any time, including at the confirmation hearing itself. Doing it before the hearing is better than after.

If you are outside Italy you can instruct us by email and a signed authority; you do not need to come here to do it.

How this differs from the US and the UK

Three further assumptions that travel badly.

• There is no caution read on arrest in the American sense. There are warnings, given by the prosecutor or judge before questioning, not by the arresting officer at the roadside.
• The prosecutor does not choose whether to prosecute. Under the Italian constitution prosecution is mandatory. There is no equivalent of a decision not to charge as a matter of discretion, and negotiating with the prosecutor not to bring the case is not a strategy that exists.
• There is no felony/misdemeanour split. Italian law divides offences differently, and the thresholds that matter are the maximum sentence attached to each provision.

Provisions relied on

• Artt. 380-391 c.p.p. (arresto, fermo, convalida)
• Art. 143 c.p.p. (interprete)
• Art. 36 Convenzione di Vienna 1963 sulle relazioni consolari

Checked 18/08/2026. Italian sentencing provisions change; if you are reading this long afterwards, ask us to confirm.

Your rights

Italian law guarantees specific rights from the moment of first contact with the authorities. These apply regardless of nationality.

• Right to silence (diritto al silenzio). You are not obliged to answer questions. Anything said can and will be used. Silence cannot be held against you.
• Right to a lawyer. You can appoint a trusted lawyer (avvocato di fiducia) at any moment. If you do not, the authorities assign a duty lawyer (avvocato d'ufficio), which is not the same as having a chosen specialist.
• Right to an interpreter. If you do not speak Italian, you have the right to a qualified court interpreter at every stage, free of charge. This is a right, not a courtesy.
• Right to notification of charges. The investigating authority must inform you of what you are suspected of (avviso di garanzia) before questioning you as a suspect.
• Right to consular notification. As a foreign national, you can ask for your consulate to be notified. This is optional and the decision is yours.

The Italian criminal justice system

Italy has a civil-law accusatorial criminal procedure (Codice di procedura penale, 1989). The investigating magistrate (Pubblico Ministero) leads the investigation; the Giudice per le indagini preliminari (GIP) supervises coercive measures and rights. Key stages:

• Indagini preliminari — Preliminary investigation. Duration varies by offence seriousness (6 months to 2 years, extendable). The suspect is indagato, not formally accused.
• Udienza preliminare — Preliminary hearing. The GUP decides whether to commit the accused to trial or dismiss the case.
• Dibattimento — Trial. Oral, adversarial procedure before the relevant court. Evidence is examined in open court.
• Impugnazioni — Appeals. Two levels: Court of Appeal (Corte d'Appello) on fact and law; Court of Cassation on law only.

Defence strategy

An effective defence in Italy is not built at trial — it is built in the weeks immediately after the first contact with the authorities. The choices made in that window define what is still possible later.

• Qualification of the conduct. How the facts are legally characterized often determines the applicable sentence range. The difference between a more and a less serious charge can mean the difference between pre-trial detention and immediate release.
• Alternative procedures. Italian procedure offers alternatives to full trial: patteggiamento (plea bargain, up to one-third sentence reduction), rito abbreviato (abbreviated trial on the file, one-third mandatory reduction), and messa alla prova (community service-based suspension, for minor offences). These must be chosen at the right stage.
• Precautionary measures. If the client is detained, the priority is challenging the measure before the Tribunal del Riesame (within 10 days of the order) and, if unsuccessful, before the Court of Cassation. Each stage has strict deadlines.
• Mitigating circumstances. Artt. 62, 62-bis c.p. allow the judge to reduce the sentence substantially — up to one-third below the minimum — based on factors including first offence, partial repair of harm, and reduced culpability. Documenting these requires early preparation.

The first consultation is free and confidential. Call +39 335 669 3954 or write on WhatsApp. First contact free, 24/7, no need to be in Italy.

How we can help

Avv. Massimo Romano, Italian criminal defence lawyer assists clients in Italy and in cross-border cases from three offices: Naples (main seat), Rome, and Milan. The studio is available 24 hours a day, 7 days a week.

• Emergency assistance. Immediate intervention at the police station or detention facility. The telephone is always answered, including nights and public holidays.
• Remote assistance. All stages of Italian criminal procedure can be followed from abroad. Briefings, document exchanges, and case updates take place by telephone, email, and encrypted messaging. You do not need to travel to Italy for every hearing.
• Family of a detained person. If a relative or friend has been arrested in Italy, the studio can locate the detainee, verify the charges, attend the validation hearing, and provide a full situation report — usually within hours of first contact.
• Cross-border cases. European Arrest Warrant, extradition, Interpol Red Notice, mutual legal assistance, and the transfer of foreign-convicted prisoners to serve their sentence at home: all require immediate specialist intervention.

First steps to take

• 1. Say nothing. Exercise the right to silence immediately. Do not explain, do not clarify, do not try to resolve the misunderstanding directly with the police. Everything said is recorded and can be used.
• 2. Ask for a lawyer. Name a specific lawyer if you have one; otherwise ask for one to be appointed. Do not proceed with any formal step (interrogation, search, statement) without a lawyer present.
• 3. Ask for an interpreter. If Italian is not your first language, request a qualified court interpreter. An agent who speaks some of your language is not an interpreter for legal purposes.
• 4. Identify the charges. Ask what offence you are suspected of, and which investigating authority is involved. This information determines the procedural framework and the urgency of specific actions.
• 5. Notify a contact. Give the authorities the name and telephone number of a person who can reach a lawyer on your behalf within the hour. This is especially important if you are a foreign national with no established contacts in Italy.

The first consultation is free and confidential. Call +39 335 669 3954 or write on WhatsApp. First contact free, 24/7, no need to be in Italy.

Related pages

• Urgent lawyer Italy 24h
• Bail Italy foreign national
• Pre trial detention in Italy
• Arrested at Italian airport
• Police custody Italy rights
• Foreign prisoners Italy assistance