How to file a fraud criminal complain in Italy (or from your country)

 

 

If you feel your were victim of a fraud while in Italy, no matter if for business or as a tourist (e.g. you bought something to be shipped home, and the goods do not arrrive, or are different from the deal, or you were charged more than due) and - despite the regular complains, you feel your counterpart in Italy is/was deliberately scamming or frauding you, you must know that you may be victim of a real criminal offense under article 640 of the Italian criminal code. It's a serious offence. Really.

 

The author of the fraud may be prosecuted, but that depends also on how you behave. Keep in mind that:

 

1) the criminal authorities do not prosecute frauds - even if aware of them - if the victim doesn't ask for it in a special way, by filing a special request ("querela") to the police authorities.

 

2) this must be done within 3  months from the fraud (or the day you reasonably realize it's a fraud). After that time elapsed, your request is useless under the Italian criminal law.

 

3) you must file your request in Italian, describing the facts and indicating witnesses as better as you can. This can be done at every police station in Italy (no matter where the fraud took place) or even at an italian consulate abroad. An italian lawyer (avvocato) may file it on your behalf, if you give him/her the appropriate written power of attorney. We can translate your prosecution request, and file it at the proper office for you.

 

4) all your data and address (much better if an Italian address) must be provided. You can give the address of a relative, of of your lawyer. At that address every communication regarding the proceeding will be done;

 

5) if the public prosecutor agrees it's a fraud, the Procura della Repubblica (Italy's public prosecutor's office) will set a criminal trial against the author of the fraud. You have the right to enter that trial to ask for compensations. You can do that with a lawyer, but keep in mind that you (if you were a witness of the facts) can be called to witness it in front of a Judge, even if you decide not to ask for any compensation.

 

In any of these steps, we can assist you.

 

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