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Can i leave Italy during a criminal case

Avv. Massimo Romano · updated 18/08/2026

Can i leave Italy during a criminal case is decided by the provision below, by how the facts are qualified, and by what is done in the first weeks. Sentence, criminal record and right of residence follow from that. We answer on your own facts, at any hour, and you need not be in Italy.

Provision: Artt. 281, 282 c.p.p. (divieto di espatrio, obbligo di dimora)
Checked 18/08/2026.

What this page covers

Whether Can i leave Italy during a criminal case ends in a conviction, and with what sentence, depends on how the facts are qualified and on decisions taken in the first weeks — long before any trial.

Governing provision: Artt. 281, 282 c.p.p. (divieto di espatrio, obbligo di dimora)

The questions that decide the outcome

  • What is actually happening
  • What to do now
  • Instructing a lawyer
  • If you are reading this for someone else

What people ask us about this

  • Can I leave Italy while under investigation?
  • Will my passport be confiscated in Italy?
  • What is divieto di espatrio?
  • Can I return home and come back for the trial?
  • Do I have to stay in Italy for the whole proceedings?

Avv. Massimo Romano — Italian criminal defence lawyer, Naples Bar no. 14553, admitted to plead before the Court of Cassation since 23 October 2015.

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