Instructing an Italian criminal lawyer from abroad
You do not need to travel to Italy to instruct an Italian criminal lawyer, and in most cases you should not wait until you can. An appointment can be made by email and a signed authority, and a lawyer can begin acting the same day.
Provision: Art. 96 c.p.p.; procura speciale
Checked 15/08/2026.
What is actually happening
Italian criminal procedure separates two things that common law systems often merge. The appointment of a defence lawyer is a simple act: a signed declaration naming the lawyer, which can be sent by email or handed to the prison authorities. It requires no notary and no court.
A special authority is different and narrower. It is a formal power to do specific things in your name — to elect a domicile for service, to request a negotiated sentence, to consent to surrender under an arrest warrant, to lodge certain applications. Some of these acts cannot be done by a lawyer holding only a general appointment.
The distinction matters because the appointment lets the lawyer start immediately, while the authority can follow within days.
What to do now
In practical order:
- Send the case documents you have, however incomplete — a summons, a seizure record, an airport notice, a letter with a case number.
- Sign and return the appointment. Scan and email is sufficient to begin.
- Elect a domicile for service in Italy. Without one, court documents are served in ways that frequently mean you never see them, and a case can move forward while you know nothing about it. Your lawyer's office can be that address.
- Deal with the special authority next, not first. If it needs legalisation or an apostille that takes days, and the appointment is already doing the urgent work.
Instructing a lawyer
What we do without you being in Italy: identify the prosecutor and the court holding the file, obtain the case documents, appear at hearings, make applications, and where you are detained, visit you in prison.
What requires you: being questioned, if you choose to be questioned; and appearing in person where the court orders it, which is uncommon but not never.
On fees, Italian lawyers are not obliged to charge by a fixed tariff, but there is a ministerial schedule that courts use as a reference. Ask for the basis in writing at the start.
If you are reading this for someone else
A relative can instruct a lawyer for a detained person. Confirmation from the detained person follows at the first prison visit; it does not need to come first, and waiting for it can cost the confirmation hearing.
If the person is in custody, the fastest sequence is: relative appoints, lawyer locates and visits, detained person confirms. That can happen inside a day.
Common questions
Can I hire an Italian lawyer without travelling to Italy?
Yes. A defence appointment can be signed and sent by email, and the lawyer can begin acting immediately. Travelling to Italy to instruct someone is almost never necessary and often delays the steps that matter.
What is a procura speciale and do I need one?
It is a formal authority to do specific acts in your name, such as requesting a negotiated sentence or consenting to surrender. It is separate from the appointment and is usually needed only when one of those acts arises.
Can my Italian lawyer attend hearings without me?
Yes, in most hearings. Your lawyer appears, makes applications, and reports back. Your presence is required only where the court orders it or where you choose to be questioned.
Do I need to apostille documents for my Italian lawyer?
Not for the initial appointment, which a scanned signature covers. A special authority may need legalisation or an apostille depending on your country, which is why it should be started early but not waited for.
Can I keep the court-appointed lawyer or should I hire my own?
You may keep the duty lawyer, who has full professional obligations. You may also replace them at any point, including at the first hearing. The duty lawyer is assigned case by case and may not speak English.
How much does a criminal lawyer cost in Italy?
There is no compulsory tariff, but a ministerial schedule serves as a reference for courts. Fees depend on the stage, the offence, and whether the case goes to trial. Ask for the basis of charging in writing at the outset.
Provisions relied on
- Art. 96 c.p.p. (nomina del difensore di fiducia)
- Art. 122 c.p.p. (procura speciale)
- Art. 161 c.p.p. (elezione di domicilio)
- D.M. 55/2014 (parametri forensi)
Checked 15/08/2026. Italian sentencing provisions change; if you are reading this long afterwards, ask us to confirm.