1. Stopped by the police on the street, now what?
Stay calm. It is not a good idea to run.
Speak carefully and clearly. Think about what you want to say, or if you want to stay silent.
It is not a good idea to touch the officers.
Generally, it's a good idea to keep your hands visible and to behave a nonthreatening way.
Legal Sources/Authorities and Comments
There is no legal authority in Rome, Italy that requires young people to act a certain way or to say particular things to a law enforcement officer if they are stopped voluntarily or involuntarily. Generally, staying calm, relaxed, and speaking clearly is universally the right thing to do.
If you do not feel comfortable talking with police, you can ask if you are free to go. If the answer is yes, you can consider just walking away. Do not run from the officer. It is possible that the officer could do or say something if you run, even if they have said you are free to go.
You are presumed to be innocent of a crime until proven guilty in a court. If the Police say otherwise, that is not correct.
Having a parent, guardian, or attorney present is recommended.
Source:
Art. 27 Cost.
Speak carefully and clearly. Think about what you want to say, or if you want to stay silent.
It is not a good idea to touch the officers.
Generally, it's a good idea to keep your hands visible and to behave a nonthreatening way.
Legal Sources/Authorities and Comments
There is no legal authority in Rome, Italy that requires young people to act a certain way or to say particular things to a law enforcement officer if they are stopped voluntarily or involuntarily. Generally, staying calm, relaxed, and speaking clearly is universally the right thing to do.
If you do not feel comfortable talking with police, you can ask if you are free to go. If the answer is yes, you can consider just walking away. Do not run from the officer. It is possible that the officer could do or say something if you run, even if they have said you are free to go.
You are presumed to be innocent of a crime until proven guilty in a court. If the Police say otherwise, that is not correct.
Having a parent, guardian, or attorney present is recommended.
Source:
Art. 27 Cost.
2. How do I identify police from other people? Do police have to show ID or prove that they are with the police?
Police officers are usually recognizable by the uniform / clothes they wear. Other clues may stem from the presence of means of transport with police liveries.
In Italy, there are a number of different police forces. The most common police forces are:
Sometimes police officers are not dressed in official uniform These are referred to as plainclothes police. If a police officer is not dressed in an official uniform, they are required to identify themselves by showing a badge or other identification card. If you are stopped by a police officer not in uniform, you may ask the officer to identify himself/herself and to show his/her identification card.
Legal Sources/Authorities and Comments
Police officers are not required to provide personal details at the request of a citizen if they are wearing uniform. However, if a police officer is in plainclothes, at a citizen's request, the officer must show the badge of the police force to which he / she belongs. If you are stopped by a police officer in plainclothes, you have the right to ask him/her to identify him/herself and to show the identification card. And if the officer in plainclothes refuses to give such information, you are not required to follow his/her orders. On the contrary, if the police officer/agent in plainclothes properly identifies himself/herself, or in any case if the police officer/ agent is wearing a uniform, you cannot refuse to identify yourself and you must show them a valid identity document.
Only if there are sufficient indications that the name you have given or your documents are false, or if you refuse to give your personal details or show a valid identity document can you be taken to the police station. In such case, police officers must: (i) immediately inform the public Prosecutor; (ii) detain you for the time strictly necessary for your identification and in any case no longer than 24 hours from the communication to the Prosecutor. In these cases there is no right to the appointment of a lawyer.
Sources
Art. 11 Law 18 May 1978, n. 191
Art. 349 Criminal procedure code (c.p.p.)
In Italy, there are a number of different police forces. The most common police forces are:
- police (Polizia),
- carabinieri,
- city police (Polizia Municipale),
- tax police (Guardia di Finanza).
Sometimes police officers are not dressed in official uniform These are referred to as plainclothes police. If a police officer is not dressed in an official uniform, they are required to identify themselves by showing a badge or other identification card. If you are stopped by a police officer not in uniform, you may ask the officer to identify himself/herself and to show his/her identification card.
Legal Sources/Authorities and Comments
Police officers are not required to provide personal details at the request of a citizen if they are wearing uniform. However, if a police officer is in plainclothes, at a citizen's request, the officer must show the badge of the police force to which he / she belongs. If you are stopped by a police officer in plainclothes, you have the right to ask him/her to identify him/herself and to show the identification card. And if the officer in plainclothes refuses to give such information, you are not required to follow his/her orders. On the contrary, if the police officer/agent in plainclothes properly identifies himself/herself, or in any case if the police officer/ agent is wearing a uniform, you cannot refuse to identify yourself and you must show them a valid identity document.
Only if there are sufficient indications that the name you have given or your documents are false, or if you refuse to give your personal details or show a valid identity document can you be taken to the police station. In such case, police officers must: (i) immediately inform the public Prosecutor; (ii) detain you for the time strictly necessary for your identification and in any case no longer than 24 hours from the communication to the Prosecutor. In these cases there is no right to the appointment of a lawyer.
Sources
Art. 11 Law 18 May 1978, n. 191
Art. 349 Criminal procedure code (c.p.p.)
3. Do I need to have or show my ID?
Yes, police officers can ask you to: (i) declare your name, surname, date and place of birth and place of residence; (ii) show your ID.
If you do not have your ID with you, the police officer may try to identify you by other means. In such case, however, it is possible that the police officer may escort you to the nearest police station for identification purposes. For example, at the police station, the officer may consult databases with additional information to verify your identity.
If you refuse to provide your personal details or are not able to prove your identity with an ID, you may be subject to signposting, but not to personal inspection.
Legal Sources/Authorities and Comments
Police officers have the authority to verify the identity of individuals (routine checks). In such case, officers may ask individuals to declare certain information (name, surname, date and place of birth and place of residence) and/or to provide a valid ID.
In addition, if there is sufficient evidence to believe that the information provided to a police officer is false or the documents presented to a police officer are false, police officers or agents may order the person to be escorted to their offices (i.e. to the Police Headquarters or to the Carabinieri Station) and detain the person for the time strictly necessary for their identification (in any case not longer than 12 hours or, after oral notice to the Public Prosecutor, not longer than 24 hours, when identification is particularly complex).
Sources
Art. 294 RD No. 639/1940
Art. 4 T.U.L.P.S.
If you do not have your ID with you, the police officer may try to identify you by other means. In such case, however, it is possible that the police officer may escort you to the nearest police station for identification purposes. For example, at the police station, the officer may consult databases with additional information to verify your identity.
If you refuse to provide your personal details or are not able to prove your identity with an ID, you may be subject to signposting, but not to personal inspection.
Legal Sources/Authorities and Comments
Police officers have the authority to verify the identity of individuals (routine checks). In such case, officers may ask individuals to declare certain information (name, surname, date and place of birth and place of residence) and/or to provide a valid ID.
In addition, if there is sufficient evidence to believe that the information provided to a police officer is false or the documents presented to a police officer are false, police officers or agents may order the person to be escorted to their offices (i.e. to the Police Headquarters or to the Carabinieri Station) and detain the person for the time strictly necessary for their identification (in any case not longer than 12 hours or, after oral notice to the Public Prosecutor, not longer than 24 hours, when identification is particularly complex).
Sources
Art. 294 RD No. 639/1940
Art. 4 T.U.L.P.S.
4. Is it legal for police to interrogate minors?
Yes, it is generally legal for police to interrogate minors. However, usually the interrogation of a minor must take place with a parent (or other person exercising parental authority) present.
In some cases, it is legal for the police to interrogate a minor without the presence of a parent. This happens when there are compelling circumstances or the interrogation is done in the best interest of the minor.
Legal Sources/Authorities and Comments
The police can ask for information in 2 modes: (i) by interrogation; and (ii) by requesting for summary information. Interrogation takes place when a person is suspected of a crime. This type of activity must always take place in the presence of the defense attorney of the person under interrogation. In such a case, police officers must inform the interrogated person about his/her rights.
A request for summary information is a kind of interrogation that can be addressed to a person who has witnessed a crime or, in any case, who might know relevant information for a case. In this case, the presence of a defense attorney is not necessary since the person to whom the information is requested is not under investigation.
Sources
Art. 64 c.p.p.,
Art. 350 co. 7 c.p.p.,
Art. 351 c.p.p.,
Art. 198 c.p.p.,
Art. 7 Decreto Presidente della Repubblica 22 September 1988, No. 448,
Art. 6 Decreto Presidente della Repubblica. 22 September 1988, No. 448 and
Art. 12 Decreto Presidente della Repubblica 22 September 1988, No. 448
In some cases, it is legal for the police to interrogate a minor without the presence of a parent. This happens when there are compelling circumstances or the interrogation is done in the best interest of the minor.
Legal Sources/Authorities and Comments
The police can ask for information in 2 modes: (i) by interrogation; and (ii) by requesting for summary information. Interrogation takes place when a person is suspected of a crime. This type of activity must always take place in the presence of the defense attorney of the person under interrogation. In such a case, police officers must inform the interrogated person about his/her rights.
A request for summary information is a kind of interrogation that can be addressed to a person who has witnessed a crime or, in any case, who might know relevant information for a case. In this case, the presence of a defense attorney is not necessary since the person to whom the information is requested is not under investigation.
Sources
Art. 64 c.p.p.,
Art. 350 co. 7 c.p.p.,
Art. 351 c.p.p.,
Art. 198 c.p.p.,
Art. 7 Decreto Presidente della Repubblica 22 September 1988, No. 448,
Art. 6 Decreto Presidente della Repubblica. 22 September 1988, No. 448 and
Art. 12 Decreto Presidente della Repubblica 22 September 1988, No. 448
5. Is it okay to stay silent? Should I stay silent?
It depends on the nature of the police officer’s questioning. In particular:
You may stay silent during an official interrogation (i.e. if the police are questioning you because they believe you committed a crime or you are involved in a crime).
Legal Sources/Authorities and Comments
If the police ask you information on your identity when you are stopped on the street, you are required to provide this information to the police officers. If you do not, you may be subject to sanctions (e.g. arrest, fines).
If the police summon you as a suspect for questioning, you have the right not to answer any questions and the interrogation must take place in the presence of your defense attorney. If you are under investigation the police cannot force you to answer and you are only required to identify yourself.
On the contrary, if the police ask you for information, but you are not under investigation, you are required to provide information in your possession. If you do not, you may be subject to sanctions.
The police can ask for information in 2 ways: (i) by interrogation; and (ii) by requesting summary information. Interrogation takes place when a person is suspected of a crime. An interrogation must take place in the presence of the person under interrogation’s defense attorney. In an interrogation the police officers must inform the interrogated person of their rights. A request for summary information is a type of questioning that can be addressed to a person who has witnessed a crime, or who might know relevant information about a criminal case. A request for summary information does not need to occur in the presence of a defense attorney since the person that is being asked to provide summary information is not under investigation.
Sources
Art. 64 c.p.p.,
Art. 350 co. 7 c.p.p.,
Art. 351 c.p.p.,
Art. 198 c.p.p.,
Art. 7 Decreto Presidente della Repubblica 22 September 1988, n. 448,
Art. 6 Decreto Presidente della Repubblica 22 September 1988, n. 448 and
Art. 12 Decreto Presidente della Repubblica 22 September 1988, n. 448
- If the police ask for information to identify you, you must provide such information. If you do not provide this information, you may face sanctions, such as arrest, fines, etc.
- If the police ask for generic information and are not prosecuting you, you must provide information in your possession.
You may stay silent during an official interrogation (i.e. if the police are questioning you because they believe you committed a crime or you are involved in a crime).
Legal Sources/Authorities and Comments
If the police ask you information on your identity when you are stopped on the street, you are required to provide this information to the police officers. If you do not, you may be subject to sanctions (e.g. arrest, fines).
If the police summon you as a suspect for questioning, you have the right not to answer any questions and the interrogation must take place in the presence of your defense attorney. If you are under investigation the police cannot force you to answer and you are only required to identify yourself.
On the contrary, if the police ask you for information, but you are not under investigation, you are required to provide information in your possession. If you do not, you may be subject to sanctions.
The police can ask for information in 2 ways: (i) by interrogation; and (ii) by requesting summary information. Interrogation takes place when a person is suspected of a crime. An interrogation must take place in the presence of the person under interrogation’s defense attorney. In an interrogation the police officers must inform the interrogated person of their rights. A request for summary information is a type of questioning that can be addressed to a person who has witnessed a crime, or who might know relevant information about a criminal case. A request for summary information does not need to occur in the presence of a defense attorney since the person that is being asked to provide summary information is not under investigation.
Sources
Art. 64 c.p.p.,
Art. 350 co. 7 c.p.p.,
Art. 351 c.p.p.,
Art. 198 c.p.p.,
Art. 7 Decreto Presidente della Repubblica 22 September 1988, n. 448,
Art. 6 Decreto Presidente della Repubblica 22 September 1988, n. 448 and
Art. 12 Decreto Presidente della Repubblica 22 September 1988, n. 448
6. Can the police arrest you for refusing to answer questions?
Yes, in certain cases.
Legal Sources/Authorities and Comments
If the police ask you information on your identity when you are stopped on the street, you are required to provide this information to the police officers. If you do not, you may be subject to sanctions (e.g. arrest, fines).
If the police summon you as a suspect for questioning, you have the right not to answer any questions and the interrogation must take place in the presence of your defense attorney. If you are under investigation the police cannot force you to answer and you are only required to identify yourself.
On the contrary, if the police ask you for information, but you are not under investigation, you are required to provide information in your possession. If you do not, you may be subject to sanctions.
The police can ask for information in 2 ways: (i) by interrogation; and (ii) by requesting summary information. Interrogation takes place when a person is suspected of a crime. An interrogation must take place in the presence of the person under interrogation’s defense attorney. In an interrogation the police officers must inform the interrogated person of their rights. A request for summary information is a type of questioning that can be addressed to a person who has witnessed a crime, or who might know relevant information about a criminal case. A request for summary information does not need to occur in the presence of a defense attorney since the person that is being asked to provide summary information is not under investigation.
Sources
Art. 64 c.p.p.,
Art. 350 co. 7 c.p.p.,
Art. 351 c.p.p.,
Art. 198 c.p.p.,
Art. 7 Decreto Presidente della Repubblica 22 September 1988, n. 448,
Art. 6 Decreto Presidente della Repubblica 22 September 1988, n. 448 and
Art. 12 Decreto Presidente della Repubblica 22 September 1988, n. 448
- If the police ask for information to identify you, and you do not provide this information, the police can arrest you.
- If the police are questioning you and you are not under investigation, you are obliged to provide information in your possession. If you do not, the police can arrest you.
- If you are questioned during an official interrogation you have the right to stay silent.
Legal Sources/Authorities and Comments
If the police ask you information on your identity when you are stopped on the street, you are required to provide this information to the police officers. If you do not, you may be subject to sanctions (e.g. arrest, fines).
If the police summon you as a suspect for questioning, you have the right not to answer any questions and the interrogation must take place in the presence of your defense attorney. If you are under investigation the police cannot force you to answer and you are only required to identify yourself.
On the contrary, if the police ask you for information, but you are not under investigation, you are required to provide information in your possession. If you do not, you may be subject to sanctions.
The police can ask for information in 2 ways: (i) by interrogation; and (ii) by requesting summary information. Interrogation takes place when a person is suspected of a crime. An interrogation must take place in the presence of the person under interrogation’s defense attorney. In an interrogation the police officers must inform the interrogated person of their rights. A request for summary information is a type of questioning that can be addressed to a person who has witnessed a crime, or who might know relevant information about a criminal case. A request for summary information does not need to occur in the presence of a defense attorney since the person that is being asked to provide summary information is not under investigation.
Sources
Art. 64 c.p.p.,
Art. 350 co. 7 c.p.p.,
Art. 351 c.p.p.,
Art. 198 c.p.p.,
Art. 7 Decreto Presidente della Repubblica 22 September 1988, n. 448,
Art. 6 Decreto Presidente della Repubblica 22 September 1988, n. 448 and
Art. 12 Decreto Presidente della Repubblica 22 September 1988, n. 448
7. What to do if you are arrested by the police?
Stay calm. It is not a good idea to resist or try to run.
If you are arrested you have the right to:
(i) appoint a defense attorney;
(ii) receive information on how to access legal aid (free legal advice) if you have an income of less than approximately €11.000 per year;
(iii) be informed about the charges against you;
(iv) assistance from an interpreter and translation of the essential documents, if you do not speak Italian;
(v) remain silent;
(vi) inform the consular authority and your family members;
(vii) access emergency medical assistance;
(viii) be brought before the judicial authority for validation within 96 hours of your arrest or detention;
(ix) appear before the court for questioning and appeal to the Supreme Court against the order for your arrest or detention;
(x) receive the assistance of a defense attorney appointed by a close relative, or a public defender if you are not able to appoint a defense attorney yourself; and
(xi) confer with your attorney immediately after your arrest or detention (however this may be postponed by a judge in certain cases).
Legal Sources/Authorities and Comments
Arrest and detention are temporary measures that restrict your personal freedom and are adopted by the police in case of emergency and in the absence of an order from a judge. These are extreme measures that involve the restriction of personal freedom of a person and, therefore, must be validated by a judge within the time limits established by law (96 hours), and if not complied with, this will result in the person being released from the restrictive measures.
An arrest is a temporary deprivation of personal freedom that the police use against someone "who is caught in the act of committing the crime" (so-called own flagrancy) or "who, immediately after the crime, is chased by the police, by the victim of the crime, or by other people or is caught with things or traces of things that suggest that the person committed the crime immediately before" (so-called improper flagrancy). Art. 382 c.p.p. Arrest is not generally required for any crime, but only for those provided for by Art. 380 c.p.p. (so-called mandatory arrest), including crimes that provide for imprisonment of not less than 5 years. You may also be arrested (so called optional arrest) in other cases provided for in Art. 381 c.p.p.
Detention is also a deprivation of personal freedom that is executed by the police "even outside the cases of flagrancy, when there are specific elements, and in relation to the impossibility of identifying the suspect, where the police believe that the danger of escape is well-founded" to charge the "person seriously suspected of a crime for which the law allows for life imprisonment or imprisonment for a minimum of at least 2 years and a maximum of 6 years or of a crime concerning military weapons and explosives, or a crime committed for the purposes of terrorism, even international terrorism, or subversion of the democratic order".
Sources
Art. 380 c.p.p.
Art. 381 c.p.p.
Art. 382 c.p.p.
Art. 386 c.p.p
If you are arrested you have the right to:
(i) appoint a defense attorney;
(ii) receive information on how to access legal aid (free legal advice) if you have an income of less than approximately €11.000 per year;
(iii) be informed about the charges against you;
(iv) assistance from an interpreter and translation of the essential documents, if you do not speak Italian;
(v) remain silent;
(vi) inform the consular authority and your family members;
(vii) access emergency medical assistance;
(viii) be brought before the judicial authority for validation within 96 hours of your arrest or detention;
(ix) appear before the court for questioning and appeal to the Supreme Court against the order for your arrest or detention;
(x) receive the assistance of a defense attorney appointed by a close relative, or a public defender if you are not able to appoint a defense attorney yourself; and
(xi) confer with your attorney immediately after your arrest or detention (however this may be postponed by a judge in certain cases).
Legal Sources/Authorities and Comments
Arrest and detention are temporary measures that restrict your personal freedom and are adopted by the police in case of emergency and in the absence of an order from a judge. These are extreme measures that involve the restriction of personal freedom of a person and, therefore, must be validated by a judge within the time limits established by law (96 hours), and if not complied with, this will result in the person being released from the restrictive measures.
An arrest is a temporary deprivation of personal freedom that the police use against someone "who is caught in the act of committing the crime" (so-called own flagrancy) or "who, immediately after the crime, is chased by the police, by the victim of the crime, or by other people or is caught with things or traces of things that suggest that the person committed the crime immediately before" (so-called improper flagrancy). Art. 382 c.p.p. Arrest is not generally required for any crime, but only for those provided for by Art. 380 c.p.p. (so-called mandatory arrest), including crimes that provide for imprisonment of not less than 5 years. You may also be arrested (so called optional arrest) in other cases provided for in Art. 381 c.p.p.
Detention is also a deprivation of personal freedom that is executed by the police "even outside the cases of flagrancy, when there are specific elements, and in relation to the impossibility of identifying the suspect, where the police believe that the danger of escape is well-founded" to charge the "person seriously suspected of a crime for which the law allows for life imprisonment or imprisonment for a minimum of at least 2 years and a maximum of 6 years or of a crime concerning military weapons and explosives, or a crime committed for the purposes of terrorism, even international terrorism, or subversion of the democratic order".
Sources
Art. 380 c.p.p.
Art. 381 c.p.p.
Art. 382 c.p.p.
Art. 386 c.p.p
8. If police tells me to move or go with them, do I have to?
Police have the authority to ask you to go with them to a police station if: (i) you have not provided sufficient information for your identification; (ii) the police believe that information you provided about your identity might be false; and (iii) the police suspect that you might be involved in a crime.
Legal Sources/Authorities and Comments
Police can ask a person to move or go with them in certain situations; in particular when: (i) the person has not provided sufficient information for identifying themselves; (ii) the police suspect that information provided by the person might be false; and (iii) the police suspect that the person might be involved in a crime.
Sources
Art. 349 c.p.p.
Art. 11 Legge 18 May 1978, n. 191
Legal Sources/Authorities and Comments
Police can ask a person to move or go with them in certain situations; in particular when: (i) the person has not provided sufficient information for identifying themselves; (ii) the police suspect that information provided by the person might be false; and (iii) the police suspect that the person might be involved in a crime.
Sources
Art. 349 c.p.p.
Art. 11 Legge 18 May 1978, n. 191
9. Can the police take down my personal information (name, address, phone number, photo, fingerprints, etc.)?
Yes, the police can take down your personal information when running checks and inspections. Usually, when on the street, police will collect information that can be found on your ID, such as your name and address.
Legal Sources/Authorities and Comments
Police usually take notes of any checks and inspections performed. Data collected is included in a police force database and is available for consultation by the police. The purpose of processing the data is to facilitate police activities. The data is kept for a very long period of time (in some cases it can exceed 20 years). If the police collect generic information as part of an ordinary inspection, there is no obligation to inform the parents of a minor; on the contrary, if the collection of personal data is for different circumstances (e.g. arrest), the prefect may order that the parents of the minor be informed.
Sources
Art. 103 Decreto Presidente della Repubblica 9 October 1990, n. 309
Decreto legislativo 30 June 2003, n.196,
Art. 3 Decreto Presidente della Repubblica 15 January 2018, n. 15,
Art. 651 Criminal Code (c.p.) and
Art. 10 Decreto Presidente della Repubblica 15 January 2018, n. 15.
Legal Sources/Authorities and Comments
Police usually take notes of any checks and inspections performed. Data collected is included in a police force database and is available for consultation by the police. The purpose of processing the data is to facilitate police activities. The data is kept for a very long period of time (in some cases it can exceed 20 years). If the police collect generic information as part of an ordinary inspection, there is no obligation to inform the parents of a minor; on the contrary, if the collection of personal data is for different circumstances (e.g. arrest), the prefect may order that the parents of the minor be informed.
Sources
Art. 103 Decreto Presidente della Repubblica 9 October 1990, n. 309
Decreto legislativo 30 June 2003, n.196,
Art. 3 Decreto Presidente della Repubblica 15 January 2018, n. 15,
Art. 651 Criminal Code (c.p.) and
Art. 10 Decreto Presidente della Repubblica 15 January 2018, n. 15.
10. How long can police keep me without a guardian?
Law enforcement agencies may not keep you for an indefinite period of time and have to provide you with all relevant information. If you are a minor, law enforcement agencies will have to inform you of the reason for detention and of your right to call a guardian.
Legal Sources/Authorities and Comments
Depending on the type of criminal activity, law enforcement agencies (“LEAs”) may impose on the minor a number of measures relating to personal freedom. In particular, they may (i) arrest the minor, (ii) detain him/her or (iii) bring the minor to the police station. In all of these instances, LEAs are required to promptly inform the public prosecutor, the guardian (whether the individual having parental responsibility or the primary carer) and the juvenile justice services. Also, they are required to inform the minor of the power to appoint an attorney.
In the first two cases, the public prosecutor has to let the minor free when no precautionary measure needs to be adopted. In the third case, LEAs may keep the minor until the guardian comes to pick him/her up and, in any case, no longer than 12 hours. When a minor is released,LEAs will inform the guardian that the minor needs to be supervised and kept available for the public prosecutor.
Sources
Art. 18 Decreto Presidente della Repubblica 22 September 1988, n.448
Legal Sources/Authorities and Comments
Depending on the type of criminal activity, law enforcement agencies (“LEAs”) may impose on the minor a number of measures relating to personal freedom. In particular, they may (i) arrest the minor, (ii) detain him/her or (iii) bring the minor to the police station. In all of these instances, LEAs are required to promptly inform the public prosecutor, the guardian (whether the individual having parental responsibility or the primary carer) and the juvenile justice services. Also, they are required to inform the minor of the power to appoint an attorney.
In the first two cases, the public prosecutor has to let the minor free when no precautionary measure needs to be adopted. In the third case, LEAs may keep the minor until the guardian comes to pick him/her up and, in any case, no longer than 12 hours. When a minor is released,LEAs will inform the guardian that the minor needs to be supervised and kept available for the public prosecutor.
Sources
Art. 18 Decreto Presidente della Repubblica 22 September 1988, n.448
11. Am I allowed to call a guardian?
Yes, the legal enforcement agencies will likely call a guardian for you.
Legal Sources/Authorities and Comments
Usually, LEAs are required by law to inform a number of subjects upon arrest, detention or temporary halt, namely the public prosecutor, the juvenile justice services and the minor’s guardians. The minor will likely be asked to provide the LEAs with the contact details of its guardians so that they may call him/her, rather than having the minor himself/herself call the guardian.
Sources
Decreto Presidente della Repubblica 22 September 1988, n. 448
Legal Sources/Authorities and Comments
Usually, LEAs are required by law to inform a number of subjects upon arrest, detention or temporary halt, namely the public prosecutor, the juvenile justice services and the minor’s guardians. The minor will likely be asked to provide the LEAs with the contact details of its guardians so that they may call him/her, rather than having the minor himself/herself call the guardian.
Sources
Decreto Presidente della Repubblica 22 September 1988, n. 448
12. When can police search your person and surroundings?
Police can lawfully search your person and your surroundings if they suspect that you are committing a crime or illegal activity is being conducted at your property. Police can also conduct a search if they are informed by another person that you are committing a crime or illegal activity is occurring at your property. You may have the right to have a trusted person and/or an attorney be present to assist you when the search takes place, so long as they are readily available. If a trusted person and/or an attorney is available upon short notice, it is advisable that you contact them.
Legal Sources/Authorities and Comments
Generally, a decree must be issued by the public prosecutor or the judge to justify a search. It is possible, however, for police to search your person and your surroundings without a court-issued decree in certain instances, such as:
If the police are searching for a specific object, they may request that the person being searched hand over the object immediately. If the object is provided to the police, the police officer may decide not to proceed with the actual search.
In general, the police can perform a search of your person if they have a reason to believe that you may be hiding objects that are related to a felony and that might be destroyed if the search is not performed promptly.
Before proceeding with personal searches, police officers are required to inform the individual that they have the right to be assisted by a trusted person, as long as the person is promptly available and able to be a witness, and to be assisted by an attorney.
Personal searches must be carried out with the respect of an individual’s dignity and modesty. This usually means that searches on women will be carried by women and vice versa.
Searches are documented by a report that is drafted during and after the search. The report is then transmitted to the public prosecutor.
Sources
Art. 352 c.p.p.,
Art. 103 Decreto Presidente della Repubblica 9 October 1990, n. 309,
Art. 41 T.U.L.P.S and
Art. 27 Legge 19 March 1990, n. 55
Legal Sources/Authorities and Comments
Generally, a decree must be issued by the public prosecutor or the judge to justify a search. It is possible, however, for police to search your person and your surroundings without a court-issued decree in certain instances, such as:
- If the crime is observed while being committed (so-called flagranza di reato);
- During the execution of an arrest warrant;
- During drug-related operations;
- If there is a chance of finding weapons and ammunitions;
- During anti-mafia operations.
If the police are searching for a specific object, they may request that the person being searched hand over the object immediately. If the object is provided to the police, the police officer may decide not to proceed with the actual search.
In general, the police can perform a search of your person if they have a reason to believe that you may be hiding objects that are related to a felony and that might be destroyed if the search is not performed promptly.
Before proceeding with personal searches, police officers are required to inform the individual that they have the right to be assisted by a trusted person, as long as the person is promptly available and able to be a witness, and to be assisted by an attorney.
Personal searches must be carried out with the respect of an individual’s dignity and modesty. This usually means that searches on women will be carried by women and vice versa.
Searches are documented by a report that is drafted during and after the search. The report is then transmitted to the public prosecutor.
Sources
Art. 352 c.p.p.,
Art. 103 Decreto Presidente della Repubblica 9 October 1990, n. 309,
Art. 41 T.U.L.P.S and
Art. 27 Legge 19 March 1990, n. 55
13. Reasons for police to access and search your apartment / room
The police may search your apartment/ room if they suspect that illegal activity is being conducted at your apartment/ room, or if another person informs the police that illegal activity is being conducted at your apartment/ room..
Legal Sources/Authorities and Comments
See answers in row above, which are generally applicable also to searches on private premises.
A peculiarity of this kind of search is that, if it is performed in private homes, it may not take place before 7 am or after 8 pm. Of course, this rule may be overlooked in specific cases, such as urgency, commission of an offence (flagranza di reato), etc.
Legal Sources/Authorities and Comments
See answers in row above, which are generally applicable also to searches on private premises.
A peculiarity of this kind of search is that, if it is performed in private homes, it may not take place before 7 am or after 8 pm. Of course, this rule may be overlooked in specific cases, such as urgency, commission of an offence (flagranza di reato), etc.
14. Reasons police may detain or arrest you
A police officer must arrest someone (i) that is caught in the act of committing a crime, or (ii) who, immediately after the crime, is pursued by the police, by a victim or by other people or is caught with things or traces of things that suggest that the person committed the crime immediately before.
Legal Sources/Authorities and Comments
Arrest and detention are adopted by the police in urgent cases, and in the absence of a measure of the Judge, that only intervenes at a later stage.
Pursuant to Art. 380 c.p.p., police must arrest whoever (i) is caught in the act of committing the crime, or (ii) who, immediately after the crime, is pursued by the police, by the offended person or by other people or is surprised with things or traces from which it appears that he committed the crime immediately before. Accordingly, arrest may only take place in case of flagrancy.
Arrest may not be generally imposed for any crime, but only for those specified under Art. 380 c.p.p., i.e. for crimes punished with life imprisonment or imprisonment of not less than 5 years (and a maximum of twenty years) as well as for other crimes listed in the same article.
Pursuant to Art. 381 c.p.p., police may arrest (optional arrest) a person if they suspect one or more of the crimes listed in the Article has been committed. Also arrest may not generally be imposed for any crime, but only where the person is seriously suspected of (i) a crime punishable with life imprisonment or imprisonment of no less than two years
and exceeding a maximum of six years, or (ii) a crime relating to weapons, war, explosives, or (iii) a crime committed for the purpose of terrorism (including international terrorism) or subversion of the democratic order.
As to detention, this may be carried out by the police (where the public prosecutor has not yet taken over the direction of investigations) even outside the cases of flagrancy, when there are specific elements which - also in relation to impossibility to identify the suspect - lead the police to believe that the risk of suspect’s escape is grounded.
Arrest or detention is not permitted when, taking into account the circumstances of the incident, it appears that the incident took place in the fulfillment of a duty or in the exercise of a legitimate right or in the presence of a cause of non-punishment.
Sources
Art. 380 c.c.p.,
Art. 381 c.c.p.,
Art. 384 c.p.p and
Art. 385 c.p.p.
Legal Sources/Authorities and Comments
Arrest and detention are adopted by the police in urgent cases, and in the absence of a measure of the Judge, that only intervenes at a later stage.
Pursuant to Art. 380 c.p.p., police must arrest whoever (i) is caught in the act of committing the crime, or (ii) who, immediately after the crime, is pursued by the police, by the offended person or by other people or is surprised with things or traces from which it appears that he committed the crime immediately before. Accordingly, arrest may only take place in case of flagrancy.
Arrest may not be generally imposed for any crime, but only for those specified under Art. 380 c.p.p., i.e. for crimes punished with life imprisonment or imprisonment of not less than 5 years (and a maximum of twenty years) as well as for other crimes listed in the same article.
Pursuant to Art. 381 c.p.p., police may arrest (optional arrest) a person if they suspect one or more of the crimes listed in the Article has been committed. Also arrest may not generally be imposed for any crime, but only where the person is seriously suspected of (i) a crime punishable with life imprisonment or imprisonment of no less than two years
and exceeding a maximum of six years, or (ii) a crime relating to weapons, war, explosives, or (iii) a crime committed for the purpose of terrorism (including international terrorism) or subversion of the democratic order.
As to detention, this may be carried out by the police (where the public prosecutor has not yet taken over the direction of investigations) even outside the cases of flagrancy, when there are specific elements which - also in relation to impossibility to identify the suspect - lead the police to believe that the risk of suspect’s escape is grounded.
Arrest or detention is not permitted when, taking into account the circumstances of the incident, it appears that the incident took place in the fulfillment of a duty or in the exercise of a legitimate right or in the presence of a cause of non-punishment.
Sources
Art. 380 c.c.p.,
Art. 381 c.c.p.,
Art. 384 c.p.p and
Art. 385 c.p.p.
15. Do police need a warrant to arrest you?
No, police do not need a warrant to arrest you. A warrant can be issued after you have been arrested. However, a warrant must be issued within 96 hours after you have been arrested.
Legal Sources/Authorities and Comments
No, a warrant may be issued at a later stage. However, the judge must issue the relevant warrant within 96 hours from the time of the arrest. If the 96-hour time lapses without the judge issuing the relevant warrant, the arrest becomes ineffective.
Source
Art. 390 c.p.p.
Legal Sources/Authorities and Comments
No, a warrant may be issued at a later stage. However, the judge must issue the relevant warrant within 96 hours from the time of the arrest. If the 96-hour time lapses without the judge issuing the relevant warrant, the arrest becomes ineffective.
Source
Art. 390 c.p.p.
16. How do you know if you are under arrest?
The police are required to inform you that you are under arrest.
Legal Sources/Authorities and Comments
The police must inform you about this. Indeed, the police officers who have carried out the arrest/detention, or who have taken over the arrested person, must deliver to said person a clear and precise written communication (which must be translated if that person does not speak Italian) that includes the following information:
Source
Art. 386 c.p.p.
Legal Sources/Authorities and Comments
The police must inform you about this. Indeed, the police officers who have carried out the arrest/detention, or who have taken over the arrested person, must deliver to said person a clear and precise written communication (which must be translated if that person does not speak Italian) that includes the following information:
- his/her right to appoint a trusted lawyer and to be admitted to legal aid in the cases provided for by law;
- his/her right to obtain information on the accusation;
- his/her right to an interpreter and to obtain the translation of main documents;
- his/her right to exercise the right not to answer;
- his/her right to access the documents on which the arrest or detention is based;
- his/her right to inform the consular authorities and to give notice to family members;
- his/her right to access emergency medical assistance;
- his/her right to be brought before the judicial authority for validation within 96 hours from the arrest/detention;
- his/her right to appear before the judge for the interrogation and to appeal (before the Court of Cassation) against Judges’ decision on the validation of the arrest/detention.
Source
Art. 386 c.p.p.
17. What to do after being warned of your rights
You should immediately contact and appoint a trusted lawyer (or legal aid) for your defense, you should contact the consular authorities.
Sources
Art. 24 Cost.,
Art. 64 c.p.p.,
Art. 293 c.p.p.,
Art. 364 c.p.p. and
Art. 386 c.p.p.
Sources
Art. 24 Cost.,
Art. 64 c.p.p.,
Art. 293 c.p.p.,
Art. 364 c.p.p. and
Art. 386 c.p.p.
18. Police questioning you
You have the right not to answer until your lawyer arrives.
Sources
Art. 24 Cost.,
Art. 64 c.p.p.,
Art. 293 c.p.p.,
Art. 364 c.p.p. and
Art. 386 c.p.p.
Sources
Art. 24 Cost.,
Art. 64 c.p.p.,
Art. 293 c.p.p.,
Art. 364 c.p.p. and
Art. 386 c.p.p.
19. Reporting crimes to the police
You do not have a general duty to report crimes to the police. However, you are required to report specific kinds of crimes to the police, such as terrorism/ war related crimes, kidnappings, and crimes where fake money or explosives are involved.
Legal Sources/Authorities and Comments
There is no general obligation on an individual to report crimes to the police, unless that individual is a public official (i.e., an individual tasked with public legislative, justice or administrative functions) or an individual tasked with public services.
However, the Italian legislation provides for few exceptions to this rule. For example,
Apart from the situations above, private individuals are not required to report crimes, even though they may do so if they want.
Sources (non-legal)
https://iclg.com/practice-areas/business-crime-laws-and-regulations/italy (“12. Voluntary Disclosure Obligations”)
https://globalinvestigationsreview.com/guide/the-practitioners-guide-global-investigations/2020/article/italy (Question 50 - “Are there circumstances under which reporting misconduct to law enforcement authorities is mandatory in your country?)
https://e-justice.europa.eu/content_rights_of_victims_of_crime_in_criminal_proceedings-171-IT-maximizeMS-en.do?clang=en&idSubpage=6&member=1 (“Reporting a crime is optional, but it becomes mandatory in several cases expressly provided for by law.”)
Legal Sources/Authorities and Comments
There is no general obligation on an individual to report crimes to the police, unless that individual is a public official (i.e., an individual tasked with public legislative, justice or administrative functions) or an individual tasked with public services.
However, the Italian legislation provides for few exceptions to this rule. For example,
- citizens are required to report crimes against the personality of the State (e.g., attacks to the integrity or independence of the State, activities against the President of the Republic, war-related crimes, terrorism activities etc.);
- anyone who received fake monies or who received or acquired goods that are the result of criminal activities;
- anyone who is aware of the presence of explosives or in case of loss or stolen weapons;
- anyone who is aware of kidnappings.
Apart from the situations above, private individuals are not required to report crimes, even though they may do so if they want.
Sources (non-legal)
https://iclg.com/practice-areas/business-crime-laws-and-regulations/italy (“12. Voluntary Disclosure Obligations”)
https://globalinvestigationsreview.com/guide/the-practitioners-guide-global-investigations/2020/article/italy (Question 50 - “Are there circumstances under which reporting misconduct to law enforcement authorities is mandatory in your country?)
https://e-justice.europa.eu/content_rights_of_victims_of_crime_in_criminal_proceedings-171-IT-maximizeMS-en.do?clang=en&idSubpage=6&member=1 (“Reporting a crime is optional, but it becomes mandatory in several cases expressly provided for by law.”)
20. Responding to bad treatment by the police
Stay calm. You can use your right to be assisted by a lawyer: Police officers cannot violate your constitutional rights without a justified reason.
Legal Sources/Authorities and Comments
A person’s constitutional rights may not be impaired by police officers without a justified reason. For example, police officers may not deprive an individual of their personal freedom or inspect a person if there is no indication that they have committed a crime or are hiding evidence of a crime.
In this respect, unjustified bad treatment by the police may constitute a crime, and the response to it would not be punishable insofar as it is a proportionate defense against the police’s crime.
Source
Art. 13 Const.
Legal Sources/Authorities and Comments
A person’s constitutional rights may not be impaired by police officers without a justified reason. For example, police officers may not deprive an individual of their personal freedom or inspect a person if there is no indication that they have committed a crime or are hiding evidence of a crime.
In this respect, unjustified bad treatment by the police may constitute a crime, and the response to it would not be punishable insofar as it is a proportionate defense against the police’s crime.
Source
Art. 13 Const.
21. How do I contact a lawyer and when?
You should contact a lawyer any time you have the legal right to do so, or if it is recommended to you. If you do not have a trusted lawyer that you can contact, you will be provided with the contact details of a lawyer appointed by the Court.
It is advisable that you contact a personal or trusted lawyer (so-called difensore di fiducia), or a lawyer that is appointed by the Court, if you do not have a trusted lawyer, for any justice-related matters.
Generally, the police, prosecutors and judicial acts recommend the appointment of a lawyer in specific situations where a lawyer is either required (e.g. to stand before a Court) or where their presence is allowed (e.g. during searches). If you have a trusted lawyer you are likely to know their contact details. If a lawyer is appointed by the Court, you will be provided with their contact details.
Source
Art. 386 c.p.p.
It is advisable that you contact a personal or trusted lawyer (so-called difensore di fiducia), or a lawyer that is appointed by the Court, if you do not have a trusted lawyer, for any justice-related matters.
Generally, the police, prosecutors and judicial acts recommend the appointment of a lawyer in specific situations where a lawyer is either required (e.g. to stand before a Court) or where their presence is allowed (e.g. during searches). If you have a trusted lawyer you are likely to know their contact details. If a lawyer is appointed by the Court, you will be provided with their contact details.
Source
Art. 386 c.p.p.
22. Do police always have to tell the truth?
Yes, provided this does not conflict with other secrecy obligations that the police has.
Legal Sources/Authorities and Comments
Yes in general terms, provided this does not conflict with other secrecy obligations that the police has.
Source
Art. 479 c.p.
Sections 14-15, Act n. 801, 24 Oct. 1977
Legal Sources/Authorities and Comments
Yes in general terms, provided this does not conflict with other secrecy obligations that the police has.
Source
Art. 479 c.p.
Sections 14-15, Act n. 801, 24 Oct. 1977
23. How do I make a complaint if I have questions or feel my rights have been violated?
You may file a complaint at any police or Carabinieri Station, or even directly at the Public Prosecutor’s office, within the competent Criminal Court. In any event, it is advisable to discuss this with a lawyer.
Legal Sources/Authorities and Comments
In Italy, two different police corps exist: the Police and the Carabinieri (the latter being a military agency). They have broadly the same powers, and any person may file a criminal complaint by going to a police or “Carabinieri” station and fill in a form (also with the help of the relevant officer). They may also respond to any question. The Police/Carabinieri would then inform the Public Prosecutor who would be obliged to open a case.
Criminal complaints may also be filed directly at the Public Prosecutor’s office, within the competent Criminal Court.
For complaints related to the violation of rights that would not trigger criminal behaviours, the best approach would be talking to a lawyer to understand what is the most appropriate body where the complaint may be filed.
Source
Art. 120 c.p.
Art. 336 c.p.p.
Legal Sources/Authorities and Comments
In Italy, two different police corps exist: the Police and the Carabinieri (the latter being a military agency). They have broadly the same powers, and any person may file a criminal complaint by going to a police or “Carabinieri” station and fill in a form (also with the help of the relevant officer). They may also respond to any question. The Police/Carabinieri would then inform the Public Prosecutor who would be obliged to open a case.
Criminal complaints may also be filed directly at the Public Prosecutor’s office, within the competent Criminal Court.
For complaints related to the violation of rights that would not trigger criminal behaviours, the best approach would be talking to a lawyer to understand what is the most appropriate body where the complaint may be filed.
Source
Art. 120 c.p.
Art. 336 c.p.p.
24. What if I feel I was a victim of discrimination or racism?
If the discrimination or racism constituted a crime, you may file a complaint at any police or Carabinieri Station, or even directly at the Public Prosecutor’s office, within the competent Criminal Court. In any event, it is advisable to discuss this with a lawyer.
Legal Sources/Authorities and Comments
If the discrimination or racism which you suffered constituted a crime (e.g., an incitation to commit crimes for reasons of racial, ethnic or religious reasons, which is sanctioned by Article 604-ter of the Italian Criminal Code (c.p.)), then you may file a criminal complaint (see comments in row above).
If the discrimination concerned other aspects (for instance, if an individual felt he/she was discriminated in the workplace), then the best approach would be talking to a lawyer to understand how to move forward.
Source
Art. 120 c.p.
Art. 604-ter c.p.
Art. 336 c.p.p.
Legal Sources/Authorities and Comments
If the discrimination or racism which you suffered constituted a crime (e.g., an incitation to commit crimes for reasons of racial, ethnic or religious reasons, which is sanctioned by Article 604-ter of the Italian Criminal Code (c.p.)), then you may file a criminal complaint (see comments in row above).
If the discrimination concerned other aspects (for instance, if an individual felt he/she was discriminated in the workplace), then the best approach would be talking to a lawyer to understand how to move forward.
Source
Art. 120 c.p.
Art. 604-ter c.p.
Art. 336 c.p.p.
25. How can I respond to circumstances involving discrimination?
Stay calm. Do not react when provoked. Consult a lawyer and explore all available options. Generally, if the discrimination or racism constituted a crime, you may file a complaint at any police or Carabinieri Station, or even directly at the Public Prosecutor’s office, within the competent Criminal Court.
Legal Sources/Authorities and Comments
If the discrimination or racism which you suffered constituted a crime (e.g., an incitation to commit crimes for reasons of racial, ethnic or religious reasons, which is sanctioned by Article 604-ter of the Italian Criminal Code (c.p.)), then you may file a criminal complaint (see comments in row above).
If the discrimination concerned other aspects (for instance, if an individual felt he/she was discriminated in the workplace), then the best approach would be talking to a lawyer to understand how to move forward.
Source
Art. 120 c.p.
Art. 604-ter c.p.
Art. 336 c.p.p.
Legal Sources/Authorities and Comments
If the discrimination or racism which you suffered constituted a crime (e.g., an incitation to commit crimes for reasons of racial, ethnic or religious reasons, which is sanctioned by Article 604-ter of the Italian Criminal Code (c.p.)), then you may file a criminal complaint (see comments in row above).
If the discrimination concerned other aspects (for instance, if an individual felt he/she was discriminated in the workplace), then the best approach would be talking to a lawyer to understand how to move forward.
Source
Art. 120 c.p.
Art. 604-ter c.p.
Art. 336 c.p.p.
26. What can you do if the police perform an improper search? Or I was improperly detained?
Consult a lawyer to explore all available remedies, depending on the consequences of the improper search or detention.
Legal Sources/Authorities and Comments
Improper searches and improper detentions are prohibited, so the victim may file a criminal complaint as indicated above and also seek for damages compensation. The Police/ Carabinieri then informs the Public Prosecutor who would be obliged to open a case.
Criminal complaints may also be filed directly at the Public Prosecutor’s office, within the competent Criminal Court.
Source
Art. 120 c.p.
Art. 336 c.p.p.
Legal Sources/Authorities and Comments
Improper searches and improper detentions are prohibited, so the victim may file a criminal complaint as indicated above and also seek for damages compensation. The Police/ Carabinieri then informs the Public Prosecutor who would be obliged to open a case.
Criminal complaints may also be filed directly at the Public Prosecutor’s office, within the competent Criminal Court.
Source
Art. 120 c.p.
Art. 336 c.p.p.