How to File a Criminal Complaint for Fraud in Italy (Even from Abroad)

 

If you believe you have been the victim of fraud in Italy—whether in a business context or as a tourist (for example, you purchased goods to be shipped to your home and they never arrived, the products differ from what was agreed upon, or you were charged more than the correct amount) and you suspect that the other party acted fraudulently, you may be dealing with a real criminal offense under Article 640 of the Italian Criminal Code. Fraud (truffa) is considered a serious crime in Italy.

1) The Importance of Filing a Querela

Under Italian law, the authorities (police or prosecutor) do not generally pursue fraud cases on their own unless the victim formally requests it by filing a special complaint known as a querela. Only a few exceptions to this rule exist. This complaint indicates that you, as the injured party, explicitly wish to have the State prosecute the alleged fraudster.

2) Time Limit (Decadenza)

A querela for fraud must be filed within three months from the date the fraud occurred—or from the date you reasonably realized you had been defrauded. If you miss this three-month period, the request becomes time-barred and will not be effective under Italian criminal law.

3) How (and Where) to File a Querela

You must file your complaint in Italian, providing:

  • A detailed account of the facts

  • The names of any witnesses

  • Any relevant documentation or evidence

You can do this at:

  • Any police station (Polizia di Stato or Carabinieri) in Italy, regardless of where the fraud took place

  • Any Italian consulate abroad

  • Through an Italian lawyer (avvocato), if you grant them the appropriate written power of attorney

An attorney can help you translate your statement into Italian and file it with the appropriate office on your behalf.

4) Providing Your Contact Details

All of your personal data and a valid address for service in Italy (e.g., your lawyer’s office or a relative’s address) must be included. Official notifications concerning the case will be sent to that address.

5) From Complaint to Court Proceedings

If the Public Prosecutor (Procura della Repubblica) believes the facts constitute fraud, a criminal trial may be initiated against the alleged offender. As a victim, you have the right to join the proceedings as a civil party to seek compensation. Keep in mind, however, that if you witnessed the events directly, you may be called to testify, even if you choose not to pursue compensation.

6) Possible Request for Dismissal (Archiviazione) and Your Right to Oppose

Even when a querela is well-founded, the Public Prosecutor may determine that there is insufficient evidence to proceed and request dismissal (archiviazione). In this case, you have the right to oppose the dismissal before the Judge for Preliminary Investigations (Giudice per le Indagini Preliminari, GIP), but only if you can present new or previously overlooked evidence, in accordance with Article 410 of the Italian Code of Criminal Procedure.

Practical Considerations and Costs of Hiring an Attorney

Engaging an Italian attorney to assist you in filing a querela and following up on the case can be relatively expensive. The attorney will have to:

  • Prepare the required power of attorney (procura).

  • Organize and translate any relevant documents.

  • Examine the information you provide (possibly in a foreign language).

  • Summarize everything in a well-structured, concise legal document (omitting unnecessary details).

Because of the time and effort involved, it is often advisable to undertake this process only for frauds involving a substantial amount of money. Furthermore, there is no guarantee that:

  1. The alleged offender will be found and prosecuted.

  2. Even if convicted, the offender will be able to return what is owed to you.

Despite these uncertainties, legal assistance ensures that your complaint meets all procedural requirements, is presented effectively, and that you are fully informed about your rights and options under Italian law.

 

In any of these steps, we can assist you.

 

NEW!!!  Listen to this PodCast describing the matter

 

 

 

Disclaimer:
This podcast was automatically generated using NotebookLM by Google and is based on the content of this page. While it provides a fairly clear explanation of how the system works for crimes prosecutable upon private complaint, some aspects may be presented in a colloquial manner and might not be entirely accurate. For precise legal advice, please refer to the text on this page or consult a professional.

 

 

 

 

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