Rome Italy

1. Stopped by the police on the street — now what?

Stay calm. It is not a good idea to run. Speak carefully and clearly. Anything you say can be used against you in a court of law. The police could ask you to provide information regarding your identity (name/surname; residence; family status, etc.). It is also important to know that you could not be arrested if you refuse to show your identity documents (passport, identity card or other similar documents).
See e.g., Codice Penale, Article 651; and Supreme Court ruling (Sentenza di Cassazione) n. 42808/17 del 19 September 2017.
It is not a good idea to touch the officers. Keep your hands where the police can see them.
It is not a good idea to resist (i.e., fight or argue), even if you're innocent or think the police are acting unfairly or unlawfully.
See e.g., Codice Penale, Article 337, Codice Procedura Penale, Article 381; and Supreme Court rulings (Cassazione penale, SS.UU., sentenza 24 settembre 2018 n° 40981 and Cassazione penale, sez. VI, ordinanza 21 dicembre 2017 n° 57249)

a. Can the police arrest you for refusing to answer questions?

ANSWER:

No, you are not required to speak with the police. You have the right to remain silent. This is especially true if you are formally under investigation. In this hypothesis, not only do you not have to answer, but the police even have to list your rights, among which is, precisely, the right to remain silent and not answer any questions. See e.g., Codice di Procedura Penale, Article 386 § (1)(d).

It should be noted that you must identify yourself (such as by name or proof of ID) to a law enforcement officer if asked. You risk arrest if you fail to identify yourself in a situation where the police reasonably believes you to be involved in criminal activity or if they believe that you are a threat to public safety. However, beyond that, you can tell the officer you wish to exercise your right to remain silent under the Codice di Procedura Penale, Article 386 § (1)(d). See e.g., Codice di Procedura Penale, Article 349 § 4; and Codice Penale, Article 651.

b. What if the officers do not identify themselves?

ANSWER:

Italian police officers must provide the reason(s) you have been stopped, detained or arrested, though they are not required to identify themselves otherwise. You can ask if they are police and to show their identification. However, you cannot refuse to cooperate with police who have asked you to identify yourself by asking them to first identify themselves by showing a proper document. In any event, if you think you are talking to a police officer, be careful about what you say. Once they have identified themselves or are in uniform, they maintain the powers and duties of any law enforcement official. See e.g., Codice di Procedura Penale, Article 349; Codice di Procedura Penale, Article 63, § (3); and Directive 2012/13/EU, Article 6.

Additionally, refer to Antigone, Know Your Rights (EN_KYR_VademecumPolice.pdf (antigone.it)).

c. What if an officer just begins speaking to me but does not order me to do anything?

ANSWER:

You are not required to speak with the police. If an officer begins speaking to you, you do not need to respond. You have the right to remain silent. However, if you have been stopped for identification, it is better provide your name and to avoid any suspicions or complications. See e.g., Codice di Procedura Penale, Article 386 § (1)(d).

d. What if the officer is not in uniform or is not identified as an officer, but I think they are one?

ANSWER:

Italian police officers must provide the reason(s) as to why you have been stopped, detained, or arrested, though they are not required to identify themselves otherwise. You can ask if they are police and to show their identification. In any event, if you think you are talking to a police officer, be careful about what you say. Once they have identified themselves or are in uniform, they maintain the powers and duties of any law enforcement official. See e.g., Codice di Procedura Penale, Article 349; and Directive 2012/13/EU, Article 6.

Additionally, refer to Antigone, Know Your Rights (EN_KYR_VademecumPolice.pdf (antigone.it)).

e. Can I tell police I do not want to speak without a lawyer?

ANSWER:

Yes, you have the right to have an attorney present during questioning, and one can be provided to you if you cannot afford one. Any information you talk about with your lawyer will be kept private by your lawyer. See e.g., Constituzione della Repubblica Italiana, Article 24; and Codice di Procedura Penale, Article 386 § (1)(a).

In addition, you are not required to speak with police. You have the right to remain silent. See e.g., Codice di Procedura Penale, Article 386 § (1)(d).

If the police start questioning you without informing you of your rights, they cannot use anything you say as direct evidence against you in court. See e.g., Codice di Procedura Penale, Article 64 § 3.

However, note that there is no explicit right to a lawyer when questioned by the police in the street, if you are taken to the police station for failing to identify yourself, or in most settings that do not signify a formal interrogation. See e.g., Codice di Procedura Penale, Article 349; and Legge 191/1978, Article 11.

Additionally, refer to Antigone, Know Your Rights (EN_KYR_VademecumPolice.pdf (antigone.it)).

f. If I sit down, am I resisting?

ANSWER:

Yes, as it can be seen in that way. You cannot sit down to avoid arrest or prevent the officer from doing their job in any way. The officer may view this as passively refusing arrest, thereby interfering with the regularities of the office of law enforcement. See e.g., Codice Penale, Article 340.

g. If I am stopped in a group, and some people run, can I run?

ANSWER:

No, you cannot run from the officer if you think you are about to be arrested, even if others in your group run. Even if you are not being arrested, running from law enforcement is a bad idea. Doing so could make the officer believe that you are, have been or will be involved in criminal activity. In addition, the officer could see this as interfering with the regularities of the office of law enforcement. See e.g., Codice Penale, Article 340.

h. Can I tell others (siblings, for example) to run?

ANSWER:

No, you cannot tell someone else to run from the police. This may be viewed as interfering with an arrest, thus interfering with the regularities of the office of law enforcement. In addition, doing so could make the officer believe that you are, have been or will be involved in criminal activity. See e.g., Codice Penale, Article 340.

i. If the officer's language is not my first language, can I tell them without waiving my rights?

ANSWER:

Yes, you can tell the officer that the officer's language is not your first language. This will not waive your rights if you tell the officer immediately after that you wish to remain silent. You are entitled to an interpreter for interactions between you and the police/court. See e.g., Codice Penale, Article 143; and Codice di Procedura Penale, Article 386 § (1)(c).

You also have the right to have an attorney present during questioning, and one can be provided to you if you cannot afford one. Any information you talk about with your lawyer will be kept private by your lawyer. See e.g., Constituzione della Repubblica Italiana, Article 24; and Codice di Procedura Penale, Article 386 § (1)(a).

j. If I did not do anything, can they stop me?

ANSWER:

For a police officer to stop you, they must have a reasonable suspicion that you are, have been or will be involved in criminal activity. Whether or not there is reasonable suspicion depends on the situation, so it can be hard to determine if police are allowed to stop you. Regardless of whether the officer is allowed to stop you or not, it is a bad idea to resist. See e.g., Codice di Procedura Penale, Article 384; Codice Penale, Article 340.

2. When can the police search you and your surroundings?

You have the right to say no to searches of yourself.
You have the right to say no to searches of your car, house or other things you own or control.
You cannot be arrested for refusing to consent (give permission) to a search without a warrant. However, there are specific circumstances that allow the police to proceed without a warrant (for example, the person is arrested while involved in criminal acts and the police have reasonable grounds to believe that things or traces pertaining to the offense are concealed on the person, which may be obliterated or dispersed, or that such things or traces are in a certain place). Codice di Procedura Penale, Article 352
A warrant (decree) is an official document from the court that allows the police to search you or your belongings without your consent.
See e.g., Costituzione della Repubblica Italiana, Article 14; Codice di Procedura Penale, Article 247 § 1-bis; and Codice di Procedura Penale, Article 250.
The police can conduct a brief search and can continue to conduct the search.
See e.g., Codice di Procedura Penale, Article 247 § 1-bis; Codice di Procedura Penale, Article 250; and Codice di Procedura Penale, Article 352.

a. What if a police officer wants to search my phone?

ANSWER:

Officers are prohibited from conducting unreasonable searches and seizures that are inappropriate, aggressive, over the top, or harmful to you or anyone involved. See e.g., Costituzione della Repubblica Italiana, Article 14.

When related to an arrest, Italian police must obtain your permission, a warrant from the court (known as the Penal Tribunal), or have an exigent circumstance (and thereby probable cause) for a search before a phone or another hand-held device can be opened and searched. See e.g., Codice di Procedura Penale, Article 247 § 1-bis; Codice di Procedura Penale, Article 250; and Codice di Procedura Penale, Article 352.

b. What if a police officer asks me for my password to my phone?

ANSWER:

You do not have to provide your password (this includes your fingerprint or face scan) unless the police have a warrant from the court or an exigent circumstance contributing to probable cause from the officer. You can refuse to hand your phone over or provide the password for it even if you are being arrested, as long as the police do not have a warrant from the court to search your phone. To give your password, fingerprint or face scan is to give your consent, and you can revoke your consent at any time during the search. See e.g., Codice di Procedura Penale, Article 247 § 1-bis; Codice di Procedura Penale, Article 248; Codice di Procedura Penale, Article 250; and Codice di Procedura Penale, Article 352.

In addition, officers are prohibited from conducting unreasonable searches and seizures that are inappropriate, aggressive, over the top, or harmful to you or anyone involved. See e.g., Costituzione della Repubblica Italiana, Article 14.

c. What if they tell me to give them my password or other access to my phone?

ANSWER:

You can refuse to allow access to your phone if asked. If they do not have your permission, probable cause or permission from the court in the form of a search warrant, they cannot force you to give them your password or any access to your phone. See e.g., Codice di Procedura Penale, Article 247 § 1-bis; and Codice di Procedura Penale, Article 248.

You cannot be forced to give any government or law enforcement official testimony (evidence) that could incriminate you in court. See e.g., European Convention on Human Rights, Article 6; and Case C-481/19, DB v. Consob, Article V § 118.

d. Do I have to give them my device password if they demand it from me if I am not under arrest? What if they just ask for it?

ANSWER:

If you are not under arrest, you do not have to give the police your password. The police cannot force you to give them your password, fingerprint or face ID to unlock your phone, unless they have a decree from the court or probable cause to do so. You can refuse to give them this information. However, is important to note that if you do give them your phone or password, they have the right to search it. You may revoke this consent at any time. See e.g., Codice di Procedura Penale, Article 247 § 1-bis; Codice di Procedura Penale, Article 248; Codice di Procedura Penale, Article 250; Codice di Procedura Penale, Article 352

e. What tools can the police use to search me? What technology? (Facial recognition, hidden cameras, finger print searches, etc.)

ANSWER:

The police may use any tools that are not considered "unreasonable" to search you for evidence, as officers are prohibited from conducting "unreasonable" searches and seizures that are inappropriate, aggressive, over the top, or harmful to you or anyone involved. See e.g., Costituzione della Repubblica Italiana, Article 14.

The police can, with a warrant or upon arrest, take fingerprints and DNA samples from you and cross-check them against a database for identification. See e.g., Codice di Procedura Penale, Article 249; and Codice di Procedura Penale, Article 349.

Italian police are generally permitted to photograph and record all interactions pertaining to a search or interaction. Police may also utilize surveillance mechanisms when approved. See e.g., Regulation (EU) 2016/679, Article 5.

f. Can they search my backpack or other item I am carrying?

ANSWER:

The police cannot search your backpack or any other item you're carrying without your permission, probable cause, or permission from the court, known as a decree. You can withdraw your consent at any time, but until you do, the police can continue to conduct their search. See e.g., Costituzione della Repubblica Italiana, Article 14; Codice di Procedura Penale, Article 250; and Codice di Procedura Penale, Article 352.

Police may pat down your clothing if they reasonably believe that you have a weapon, and that someone's safety may be at risk because of that weapon. See e.g., Codice di Procedura Penale, Article 245.

Additionally, refer to La polizia può fermarmi senza motivo?, La legge per tutti (La polizia può fermarmi senza motivo? (laleggepertutti.it)).

g. Can they take my picture or record me?

ANSWER:

Italian police are generally permitted to photograph and record all interactions pertaining to a search or an interaction. Police may also utilize surveillance mechanisms when approved. See e.g., Regulation (EU) 2016/679, Article 5.

h. Can they ask me where I am going and why?

ANSWER:

Yes, police can ask where you are going and why. If you are not being detained, you can exercise your right to remain silent. Responding to these questions means that you are consenting to the officer's requests. See e.g., Codice di Procedura Penale, Article 386 § (1)(d).

It should be noted that you must identify yourself (such as giving your name or proof of ID, including driver's license, passport, etc.) to a law enforcement officer if asked. You risk arrest if you fail to identify yourself in a situation where the police reasonably believes you to be involved in criminal activity or if they believe that you are a threat to public safety. However, beyond that, you can tell the officer you wish to exercise your right to remain silent under the Codice di Procedura Penale, Article 386 § (1)(d). See e.g., Codice di Procedura Penale, Article 349 § 4; and Codice Penale, Article 651.

3. Reasons police may detain or arrest you

The police may arrest or detain you because they suspect you of committing (or having committed) a violation of the law, or if they suspect that you currently have evidence of a crime.
See e.g., Codice di Procedura Penale, Article 380; and Codice di Procedura Penale, Article 381.
Sometimes police have a warrant (decree) from the court, giving law enforcement the ability to search or arrest you, depending on what the warrant is for.
It is a good idea to review any notice from the police or warrant carefully to ensure you understand what exactly is covered.
See e.g., Costituzione della Repubblica Italiana, Article 14; Codice di Procedura Penale, Article 247 § 1-bis; and Codice di Procedura Penale, Article 250.
If arrested, you may be charged with a felony for a more serious crime (with potential jail time of one year or more), a misdemeanor for a less serious crime (with jail time of less than one year), or a violation.
If the police arrest you, they also have the right to search you. Anything found during this search may be used as evidence against you.
See e.g., Codice di Procedura Penale, Article 352; Codice di Procedura Penale, Article 380; and Codice Procedura Penale, Article 384.

a. What if I did not do anything illegal? Must I speak with the police and answer questions?

ANSWER:

No, you are not required to speak with police. You have the right to remain silent. See e.g., Codice di Procedura Penale, Article 386 § (1)(d).

b. What if they tell me something they are investigating that is wrong? Must I correct them?

ANSWER:

No, you are not required to speak with police. You have the right to remain silent. However, you should correct the officer whenever the officer misunderstands anything you say, or if you tell the officer something that is incorrect. Failing to do so could be interpreted as obstructing the duties of the office, and thereby punishable under Italian law. See e.g., Codice di Procedura Penale, Article 386 § (1)(d); and Codice Penale, Article 340.

c. What if an officer just begins speaking to me but does not order me to do anything?

ANSWER:

You are not required to speak with the police. If an officer begins speaking to you, you do not need to respond. You have the right to remain silent. See e.g., Codice di Procedura Penale, Article 386 § (1)(d).

d. What is the legal difference between talking to them if they do not tell me I am under arrest, versus after they inform me that I am under arrest?

ANSWER:

In either scenario, you are not required to speak with the police and you have the right to remain silent. If the police start questioning you without telling informing you of your rights, then they cannot use anything you say as direct evidence against you in court. See e.g., European Convention on Human Rights, Article 6; Case C-481/19, DB v. Consob, Article V § 118; and Codice di Procedura Penale, Article 386 § (1)(d).

4. The difference between police telling me what to do and asking me to do something.

The Constitution prevents you from being searched in unreasonable circumstances.
See e.g., Costituzione della Repubblica Italiana, Article 14.
You do have to identify yourself to the police when asked.
See e.g., Codice di Procedura Penale, Article 349 § 4; and Codice Penale, Article 651.
You can refuse to consent to a search, despite what a police officer may say.
See e.g., Codice di Procedura Penale, Article 250; and Codice di Procedura Penale, Article 352

a. What is the difference between the police deciding to search me or my belongings (phone, person, backpack) and me agreeing to the search?

ANSWER:

The police cannot search your belongings without your permission, probable cause or permission from the court, known as a decree. You can withdraw your consent at any time, but until you do, the police can continue to conduct the search. See e.g., Codice di Procedura Penale, Article 250; Codice di Procedura Penale, Article 352.

If you are arrested, the officer may search you and your belongings, as they have probable cause to do so. This may include your backpack if it is within arm's reach or if you are wearing it at the time. This may also include your vehicle if it's within your vicinity at the time of searching or if you are driving it at the time of searching. See e.g., Codice di Procedura Penale, Article 250; and Codice di Procedura Penale, Article 352.

b. What if they tell me to give them information versus them asking and me providing answers voluntarily?

ANSWER:

In either case, you are not required to speak with or provide the police with any information. You have the right to remain silent. See e.g., Codice di Procedura Penale, Article 386 § (1)(d).

5. Do police need a warrant to arrest you?

No, police officers can legally arrest you without a warrant in several circumstances:
- When the crime is committed in front of the police officers
- When the officer has reason to believe that you have committed a felony, regardless of whether the act was done in front of them.

See e.g., Codice di Procedura Penale, Article 380; and Codice di Procedura Penale, Article 381.

a. If I did not do anything, can they stop me?

ANSWER:

For a police officer to stop you, they must have a reasonable suspicion that you are, have been or will be involved in criminal activity. Whether or not there is a reasonable suspicion depends on the situation, so it can be hard to determine if police are allowed to stop you. Regardless of whether the officer is allowed to stop you, it is a bad idea to resist. See e.g., Codice di Procedura Penale, Article 384; and Codice Penale, Article 340.

Additionally, refer to La polizia può fermarmi senza motivo? (laleggepertutti.it).

b. Can I ask for the reason they stopped me?

ANSWER:

Italian police officers must inform you of the reason(s) you have been detained or arrested. You can ask if they are police and to show their identification. See e.g., Codice di Procedura Penale, Article 352, Directive 2012/13/EU, Article 6.

Additionally, refer to La polizia può fermarmi senza motivo? (laleggepertutti.it).

c. Can I advocate for another young person stopped by police if we are stopped together?

ANSWER:

Advocating for another young person stopped by police is risky, as you can be arrested for interfering with law enforcement in any way. See e.g., Codice Penale, Article 340.

d. If I think the stop is unjustified, what can I do?

ANSWER:

If you believe your rights have been violated during your interaction with law enforcement, you can file a complaint with the Polizia di Stato, Scrivici or with one of its many subnational jurisdictions. In addition, you are not required to speak with police or answer any questions they might ask you. See e.g., Codice di Procedura Penale, Article 386 § (1)(d).

However, resisting police is never a good idea, as you can be arrested for interfering with law enforcement in any way. See e.g., Codice Penale, Article 340; Codice di Procedura Penale, Article 380.

Also, refer to La polizia può fermarmi senza motivo? (laleggepertutti.it).

e. Can I get the officer's identifying information for a future complaint?

ANSWER:

Unless you have been arrested, Italian police officers do not have to identify themselves. However, you can ask if they are police and to show their identification. However, you cannot refuse to cooperate with police who have asked you to identify yourself by asking them to first identify themselves by showing a proper document. In any event, if you think you are talking to a police officer, be careful about what you say. Once they have identified themselves or are in uniform, they maintain the powers and duties of any law enforcement official. If you believe your rights have been violated during your interaction with law enforcement, you can file a complaint with the Polizia di Stato, Scrivici, or with one of its many subnational jurisdictions. See e.g., Codice di Procedura Penale, Article 349; and Legge 191/1978, Article 11.

Additionally, refer to Antigone, Know Your Rights (EN_KYR_VademecumPolice.pdf (antigone.it)

6. How do you know if you are under arrest?

You are likely under arrest if you do not feel free to leave an officer's presence, or if a person in your shoes would not reasonably feel free to leave.
If the following happens, you are likely under arrest under the law:
- An officer handcuffs you
- An officer forcibly holds you down
- An officer puts you into the back seat of a police car
  See e.g., Codice di Procedura Penale, Article 380; and Codice di Procedura Penale, Article 382.
- An officer warns you about your rights
An officer must only warn you of your rights before the police question you. This means an officer can arrest you before warning you of your rights.
An arrest without a reciting of your rights is still a valid arrest, it just may mean that evidence collected from it is not admissible in court later.

See e.g., Codice di Procedura Penale, Article 386 § 1.

a. What if I do not know if I am under arrest?

ANSWER:

You can ask the officer if you are being detained, arrested, or if you are free to leave. If you are being detained/arrested and are unable to leave, it is not a good idea to resist. See e.g., Codice Penale, Article 340.

Italian police must provide you with a written notice (translated in the appropriate language) providing information about your rights under the law and the reasons you have been arrested. See e.g., Codice di Procedura Penale, Article 386 § 1.

In any case, you are not required to speak with or provide any information to the police. You have the right to remain silent. See e.g., Codice di Procedura Penale, Article 386 § (1)(d).

b. What is the difference between detention and arrest?

ANSWER:

Detention refers to when law enforcement holds you under reasonable suspicion for the purposes of questioning, or conducting a brief search of you and your possessions if they believe you are a threat to public safety. You can be detained for up to 96 hours if there is a suspicion that you committed a crime, or if law enforcement believes that there is a risk that you may escape. See e.g., Codice di Procedura Penale, Article 384.

Arrest refers to when law enforcement holds you under probable cause, meaning that the officer has evidence of or more than a reasonable belief that you are, have been or will be involved in criminal activity. When under arrest, the officer must articulate the reason for arrest. See e.g., Codice di Procedura Penale, Article 380; Codice di Procedura Penale, Artcle 382; Legge 191/1978, Article 11; Directive 2012/13/EU, Article 6.

c. If I am handcuffed, am I arrested?

ANSWER:

Not necessarily. An officer may use restrictive methods stop and detain a person, including a brief detention. A police officer can also put you into handcuffs if they think it is necessary for their safety, even if they do not put you under arrest. See e.g., Codice di Procedura Penale, Article 274; Codice di Procedura Penale, Article 275; Codice di Procedura Penale, Article 279; and Codice di Procedura Penale, Article 384.

If you are under 18 years old, police can only handcuff you if there is a determined security issue or threat. See e.g., Decreto Legislativo 28 Luglio 1989, n. 272, Article 20.

d. If my liberty is restricted, am I under arrest?

ANSWER:

If your liberty is significantly restricted, likely yes. You are deemed to be in custody when you are deprived of your freedom of action in any significant way. See e.g., Codice Penale, Article 340.

However, your liberty can also be restricted if you are being detained by police, not arrested. This detainment can take many forms. See e.g., Codice di Procedura Penale, Article 274; Codice di Procedura Penale, Article 275; Codice di Procedura Penale, Article 279; Codice di Procedura Penale, Article 384.

For example, the officer can ask for your identity, to which you must identify yourself (such as giving your name or proof of ID, including driver's license, passport, etc.) to a law enforcement officer if asked. You risk arrest if you fail to identify yourself in a situation where the police reasonably believes you to be involved in criminal activity or if they believe that you are a threat to public safety. However, beyond that, you can tell the officer you wish to exercise your right to remain silent under the Codice di Procedura Penale, Article 386 § (1)(d). See e.g., Codice di Procedura Penale, Article 349 § 4; and Codice Penale, Article 651.

7. What to do after being warned of your rights

You can use your right to remain silent or any of your other rights (e.g., the right to an attorney) by saying that you want to use that right.
You are also able to waive your rights (that is, not use them). This is not a good idea without a lawyer present.
Make sure you know what you are doing in giving up your rights.

See e.g., Codice di Procedura Penale, Article 386 § 1.

a. How do things change if I am read my rights by police?

ANSWER:

If the police start questioning you but have not informed you of your rights (right to remain silent, right to an attorney, etc.), then they cannot use anything you say as direct evidence against you in court. Only after they have communicated to you your rights can they use anything you say against you in court. See e.g., European Convention on Human Rights, Article 6; Case C-481/19, DB v. Consob, Article V § 118; Codice di Procedura Penale, Article 386 § 1; and Directive 2012/13/EU, Article 3.

b. Does it matter where I am when the police read me my rights? (street, station, police car, etc.)

ANSWER:

No. You must be notified of your rights upon arrest, no matter where you are being arrested. See e.g., Codice di Procedura Penale, Article 386 § 1.

8. Police questioning you

You are not required to make a statement, answer police questions or participate in a police investigation, and you never have to go anywhere with the police unless they have detained or arrested you.
See e.g., Codice di Procedura Penale, Article 386 § (1)(d)
You have the right to immediately notify your parent, caretaker or legal guardian.
See e.g., Disposizioni sul Processo Penale a Carico di Imputati Minorenni of 22.09.1988 n.448, Article 7.

a. Am I required to make a statement?

ANSWER:

No, you are not required to make a statement. You have the right to remain silent. See e.g., Codice di Procedura Penale, Article 386 § (1)(d).

b. Must police notify my guardian?

ANSWER:

If you are taken into custody, you have the right to notify your parent(s) or guardian as soon as possible. However, if the case is deemed to be particularly urgent by law enforcement, the police can question you without your parents being present. See e.g., Codice di Procedura Penale, Article 351; Disposizioni sul Processo Penale a Carico di Imputati Minorenni of 22.09.1988 n.448, Article 6; Disposizioni sul Processo Penale a Carico di Imputati Minorenni of 22.09.1988 n.448, Article 7; and Disposizioni sul Processo Penale a Carico di Imputati Minorenni, Article 12.

c. Must I confess?

ANSWER:

No, you are not required to confess to the police, nor can the police force you to do so. You have the right to remain silent. See e.g., Codice di Procedura Penale, Article 386 § (1)(d).

d. What adults can I ask to be with me?

ANSWER:

If you are taken into custody, you have the right to notify your parent(s) or guardian as soon as possible. See e.g., Disposizioni sul Processo Penale a Carico di Imputati Minorenni of 22.09.1988 n.448, Article 6; Disposizioni sul Processo Penale a Carico di Imputati Minorenni of 22.09.1988 n.448, Article 7; and Disposizioni sul Processo Penale a Carico di Imputati Minorenni, Article 12.

e. Who do police have to contact if I am a legal minor?

ANSWER:

If you are taken into custody, you have the right to notify your parent(s) or guardian as soon as possible. However, if the case is deemed to be particularly urgent by law enforcement, the police can question you without your parents being present. See e.g., Codice di Procedura Penale, Article 351; Disposizioni sul Processo Penale a Carico di Imputati Minorenni of 22.09.1988 n.448, Article 6; Disposizioni sul Processo Penale a Carico di Imputati Minorenni, of 22.09.1988 n.448 Article 7; and Disposizioni sul Processo Penale a Carico di Imputati Minorenni of 22.09.1988 n.448, Article 12.

9. How do I contact a lawyer and when?

You should always contact a lawyer before making any statements to anyone in a criminal case or investigation. This applies even if you are told that the police only want to question you and/or you are only a witness.
While you do have to wait until you attend court to get a lawyer appointed if you cannot afford your own lawyer, you can still ask for a lawyer as soon as you are questioned or arrested by the police. If you are arrested, you have the right to remain silent and to not speak until your lawyer is present.

See e.g., Codice di Procedura Penale, Article 63; Codice di Procedura Penale, Article 386 § (1)(d); Constituzione della Repubblica Italiana, Article 24; and Codice di Procedura Penale, Article 386 § (1)(a).

a. What if I am just a witness?

ANSWER:

If you are just a witness, the police may still question you. To detain you as a witness, the police can demand identification and you must identify yourself (such as giving your name or proof of ID, including driver's license, passport, etc.) to a law enforcement officer if asked. You risk arrest if you fail to identify yourself in a situation where the police reasonably believes you to be involved in criminal activity or if they believe that you are a threat to public safety. See e.g., Codice di Procedura Penale, Article 349 § 4; and Codice Penale, Article 651.

A witness has a duty to tell the facts they know. If the witness remains silent or gives false information, they could be held liable for perjury. Still, there are specific circumstances in which the person has the right to refuse to be a witness: i) if they are testifying to facts from which one's own criminal liability might arise; ii) if the accused is their ascendant, descendant, spouse, brother or sister, or relatives in the same degree, or uncle or nephew. See e.g., Codice Penale, Article 372; Codice Procedura Penale 198 § (1); and Codice Procedura Penale 199.

Furthermore, if you are a witness to a crime, then you may be ordered to come to court to testify. You will be asked to swear under oath that what you say is true. Making a false sworn statement that you do not believe to be true is known as perjury, which is also a crime. See e.g., Codice di Procedura Penale, Article 63; Codice di Procedura Penale, Article 64 § 3; and Codice Penale, Article 372.

If you are determined to be a witness and you are 14 years or younger, you can only be questioned in the presence of your parents. If you are older than 14 years, your parents do not have to be present. See e.g., Codice di Procedura Penale, Article 498.

10. Do police always have to tell the truth?

No. The police may lie to you during an investigation. This includes lying about the strength of the case they have against you and evidence they have in their possession.
Sometimes the police will lie to try and get you to talk more.

See e.g., Codice di Procedura Penale, Article 64 § 2; and Directive 2014/41/EU

a. Can the police lie to me?

ANSWER:

No, unless the police officer is part of an undercover operation. While undercover, the police are only allowed to lie in an effort to collect more information. That being said, the police cannot physically hurt you, threaten you or use drugs to try to make you confess to something, or to obtain information from you. See e.g., Codice di Procedura Penale, Article 64 § 2; and Directive 2014/41/EU.

b. Do I have to tell the police the truth?

ANSWER:

Yes, lying to the police could result in you being charged with a crime, as you risk arrest if you provide false information to law enforcement. Doing so could be interpreted as obstructing the duties of the officer, and thereby punishable under Italian law. See e.g., Codice di Procedura Penale, Article 386 § (1)(d); and Codice Penale, Article 340.

However, you do have the right to remain silent and you should tell the officer you are exercising this right if so. See e.g., Codice di Procedura Penale, Article 386 § (1)(d).

11. How do I make a complaint if I have questions or feel my rights have been violated?

REMEDIES:

Complaints about officer behavior can be submitted to the Polizia di Stato, Scrivici or any law enforcement office. Criminal complaints may also be filed directly at the Public Prosecutor's offices. See e.g., Ministero della Giustizia, Denuncia, esposto, querela.

A legal appeal about a direct violation of your personal freedoms could also be filed with the Tribunale della libertà. It is advisable to ask for a lawyer's advice, who can represent you in the process and demand that your rights are respected.

12. What if I feel I was a victim of discrimination or racism?

REMEDIES:

Discrimination on the basis of factors such as gender, race, age, religion and political opinion is constitutionally prohibited. See e.g., Constituzione della Repubblica Italiana, Article 3.

Complaints about an officer you believe has exhibited discrimination or racism can be submitted to the Polizia di Stato, Scrivici or any law enforcement office. Criminal complaints may also be filed directly at the Public Prosecutor's offices. See e.g., Ministero della Giustizia, Denuncia, esposto, querela.

13. How can I respond to situations involving discrimination?

REMEDIES:

Discrimination on the basis of factors such as gender, race, age, religion and political opinion is constitutionally prohibited. See e.g., Constituzione della Repubblica Italiana, Article 3.

In the moment of experiencing potential discrimination, it is important to remember the rest of the advice found in this guide. Try to remain calm in your interaction with the police, even when they become difficult.

14. What can you do if the police perform an improper search? Or I was improperly detained?

REMEDIES:

If you believe that an officer improperly detained or searched you, a complaint can be submitted to the Polizia di Stato, Scrivici or any law enforcement office. Criminal complaints may also be filed directly at the Public Prosecutor's offices. See e.g., Ministero della Giustizia, Denuncia, esposto, querela.

15. What can I do as a minor without my parent(s) or legal guardian(s)?

ANSWER:

Minors have the same rights under the law as adults during criminal detainments, arrests and investigations. As a result, as a minor, you have the right to remain silent and the right to an attorney. See e.g., Codice di Procedura Penale, Article 386 § (1)(d); Constituzione della Repubblica Italiana, Article 24; and Codice di Procedura Penale, Article 386 § (1)(a).

In addition, Italian law ensures that the criminal process is conducted with the best interests of you, as a juvenile, in mind. Notably, Italian law mandates that judicial proceedings are conducted using all of the available services and representatives for your situation as a juvenile. See e.g., Disposizioni sul Processo Penale a Carico di Imputati Minorenni, Article 6; Disposizioni sul Processo Penale a Carico di Imputati Minorenni, Article 7; and Disposizioni sul Processo Penale a Carico di Imputati Minorenni, Article 12.

REMEDIES:

If you believe that your rights were violated in any way by law enforcement, regardless of if you are a minor or not, a complaint can be submitted to the Polizia di Stato, Scrivici or any law enforcement office. Criminal complaints may also be filed directly at the Public Prosecutor's offices. See e.g., Ministero della Giustizia, Denuncia, esposto, querela.

Rome, Italy

1. Stopped by the police on the street — now what?

2. When can the police search you and your surroundings?

3. Reasons police may detain or arrest you

4. The difference between police telling me what to do and asking me to do something.

5. Do police need a warrant to arrest you?

6. How do you know if you are under arrest?

7. What to do after being warned of your rights

8. Police questioning you

9. How do I contact a lawyer and when?

10. Do police always have to tell the truth?

11. How do I make a complaint if I have questions or feel my rights have been violated?

12. What if I feel I was a victim of discrimination or racism?

13. How can I respond to situations involving discrimination?

14. What can you do if the police perform an improper search? Or I was improperly detained?

15. What can I do as a minor without my parent(s) or legal guardian(s)?