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Presumption of innocence and burden of proof in Italy

Avv. Massimo Romano · updated 18/08/2026

Presumption of innocence and burden of proof in Italy 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: Art. 27 c.2 Cost.; art. 533 c.p.p.; D.lgs. 188/2021
Checked 18/08/2026.

What this page covers

Whether Presumption of innocence and burden of proof in Italy 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: Art. 27 c.2 Cost.; art. 533 c.p.p.; D.lgs. 188/2021

The questions that decide the outcome

  • What is actually happening
  • How this differs from the US and the UK
  • Terms that do not mean what they look like

What people ask us about this

  • Is the Italian system adversarial or inquisitorial?
  • What is the standard of proof in Italy?
  • Am I presumed innocent in Italy?
  • Can I be convicted on witness testimony alone in Italy?

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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