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

 

See also the FAQ section below

 

If you believe you have been the victim of fraud in Italy—whether an on-line sale, 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. For preliminary information and fee estimates, please email segreteria at tregnaghi dot it with the subject line “Information on fraud/scam assistance”.

 

 

FAQ – Fraud and Online Sales Scams (Italy)

What is fraud under Italian law?

Fraud is a criminal offence under Italian law when someone, through deception, induces another person into a mistake and obtains an unfair profit while causing damage to the victim.
It is not enough that a transaction goes badly: the key element is deceptive conduct aimed at misleading the victim.

Is every failed online sale fraud?

No. A failed online sale is not automatically fraud.
Sometimes it is only a civil matter (breach of contract), for example if the seller intended to deliver but later failed due to financial or logistical problems.

It becomes fraud when there are signs that the seller never intended to deliver from the beginning and used deception to obtain the payment.

What are typical examples of fraud in online sales?

Common patterns include:

  • Selling goods that do not exist or are not owned by the seller

  • Using fake identities, fake addresses, or fake documents

  • Asking for full payment upfront and disappearing immediately after

  • Posting highly attractive offers at unrealistic prices to lure victims

  • Providing fake tracking numbers or fake shipping confirmations

What is the difference between fraud and breach of contract?

The difference is the initial intent.

  • Breach of contract: the seller originally intended to deliver but failed later

  • Fraud: the seller had the intention to deceive and steal money from the start, using tricks to obtain payment

Fraud requires proof of deception, not only non-performance.

What evidence is usually important in online fraud cases?

The most useful evidence typically includes:

  • Screenshots of the listing or advertisement

  • Full chat logs (WhatsApp, email, platform messages)

  • Proof of payment (bank transfer receipt, card transaction, PayPal record)

  • Any personal details provided by the seller (name, IBAN, phone number, social accounts, ID)

  • Shipping promises, tracking numbers, or excuses used after payment

The earlier the evidence is preserved, the better.

Is fraud prosecuted automatically in Italy?

In most cases, no.
Fraud usually requires the victim to file a criminal complaint (querela). Without it, the authorities will normally not proceed.

What is a “querela” (criminal complaint)?

A querela is a formal statement by the victim requesting prosecution of the offender.
It is not a generic report: it is a legal act that triggers criminal proceedings.

Is there a deadline to file the querela?

Yes.
In most fraud cases the deadline is 3 months from the moment the victim becomes aware of the fraud and identifies the offence as such.

Waiting too long may prevent prosecution.

Where can the querela be filed?

It can usually be filed at:

  • Police stations (State Police or Carabinieri)

  • The Public Prosecutor’s Office (Procura della Repubblica)

  • Through a lawyer, who can prepare a structured complaint with evidence

What happens after the querela is filed?

After filing, the case is assigned to the Public Prosecutor.
The Prosecutor may:

  • Open investigations (usually via the police)

  • Request data from banks, platforms, and telecom providers

  • Identify the suspect and proceed with criminal charges

  • Or request dismissal if evidence is insufficient

Can the case be dismissed even if I am clearly a victim?

Yes.
Dismissal is possible if the authorities cannot identify the offender, cannot gather sufficient proof, or the facts are considered closer to a civil dispute than a criminal scam.

However, the victim may have the right to oppose the dismissal in certain situations.

Can the victim recover money through the criminal case?

Potentially, yes.
The victim can:

  • Join the criminal proceedings as a civil party (parte civile)

  • Request compensation for financial loss and related damages

However, criminal conviction does not automatically guarantee repayment. Recovery depends on whether the offender has assets and can be traced.

Should I start a civil lawsuit instead of a criminal complaint?

Often the best approach depends on:

  • The amount of money involved

  • Whether the offender is identifiable

  • Whether assets can realistically be recovered

A civil lawsuit may be useful when the offender is known and solvent.
A criminal complaint is usually more effective when the scam is structured and identity concealment is involved.

What are the possible stages of the criminal procedure?

A typical path includes:

  1. Preliminary investigations

  2. Decision by the Prosecutor (charges or dismissal)

  3. Possible preliminary hearing

  4. Trial (if the case proceeds)

  5. Judgment (conviction or acquittal)

  6. Appeals (where applicable)

Timeframes vary widely depending on complexity and workload.

What if the scammer is abroad or uses foreign accounts?

Proceedings can still be started in Italy, but:

  • Investigations may become slower

  • International cooperation may be required

  • Identifying and enforcing measures against the offender can be more difficult

In many cases, this increases time and uncertainty.

Does the online platform have legal responsibility?

Usually, the primary criminal responsibility lies with the offender.
Platforms may still:

  • Preserve data useful for investigations

  • Cooperate with authorities when formally requested

  • Offer internal refund or dispute mechanisms

But they are not automatically liable for the scam.

What can I do immediately after realizing I was scammed?

Best immediate steps:

  • Preserve all evidence (screenshots, chats, receipts)

  • Report the user to the platform

  • Contact your bank/payment provider immediately (sometimes transactions can be blocked)

  • File a querela as soon as possible

Delays reduce the chance of identifying the offender and recovering funds.

How can I reduce the risk of fraud when buying online?

Good prevention practices include:

  • Avoiding unrealistic offers

  • Using traceable payments with buyer protection

  • Checking seller identity, reviews, and transaction history

  • Keeping all communications within the platform

  • Avoiding pressure tactics (“pay now or you lose it”)

 

 

 

 

 

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