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Tried twice for the same offence in Italy

Avv. Massimo Romano · updated 18/08/2026

Tried twice for the same offence 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. 649 c.p.p.; art. 50 Carta di Nizza; art. 4 Prot. 7 CEDU
Checked 18/08/2026.

What this page covers

Whether Tried twice for the same offence 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. 649 c.p.p.; art. 50 Carta di Nizza; art. 4 Prot. 7 CEDU

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

  • Can I be tried twice for the same offence in Italy?
  • I was already prosecuted at home. Can Italy prosecute me too?
  • Does an acquittal abroad protect me 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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