Notice of investigation in Italy: the first 48 hours

Receiving a notice of investigation from an Italian prosecutor is frightening, especially if you live abroad or do not read Italian. It is the first official document telling you that you are under investigation. But it is not a conviction, nor even a formal charge. First and foremost, it is a safeguard: it exists so that you can defend yourself.

What an “informazione di garanzia” is

The Italian Code of Criminal Procedure calls it informazione di garanzia (Article 369). The public prosecutor sends it when an investigative step is about to take place that your lawyer is entitled to attend, such as questioning, an inspection or a search.

The notice states:

• the provisions of law allegedly breached;
• the date and place of the alleged facts;
• an invitation to appoint a defence lawyer of your choice.

From that moment you are formally a person under investigation. The investigation may end with a request to dismiss the case, or it may continue towards trial.

What not to do

In the first hours, instinct often leads people astray. In particular:

• do not contact the person who made the complaint or possible witnesses, even to “clear things up”: it may look like an attempt to influence the investigation;
• do not post anything on social media or discuss the matter in chats;
• do not destroy or alter documents, messages or files relating to the facts;
• do not go to the police or the prosecutor’s office alone to “explain”: any statement should be prepared with your lawyer.

Your rights

A person under investigation in Italy has specific rights:

• the right to a lawyer, of your choice or, failing that, court-appointed;
• the right to remain silent: before questioning, you must be told you may choose not to answer (Article 64);
• the right to an interpreter and to translation of essential documents if you do not understand Italian (Article 143);
• the right to give an address for service, so documents reach you without delay, including if you live abroad.

Why the choice of lawyer matters now

Many people think a lawyer is needed “once it gets to court”. In criminal matters the opposite is true: the first weeks are often decisive.

From the outset, a defence lawyer can:

• read the available papers and reconstruct the facts with you;
• advise whether to make a statement or remain silent;
• carry out defence investigations, gathering documents and information in your favour;
• file written submissions with the prosecutor;
• if the case proceeds, consider alternative procedures that can shorten it and limit the consequences.

Next: the notice that the investigation has closed

If the prosecutor does not seek dismissal, before bringing charges they serve a notice of conclusion of the preliminary investigation (Article 415-bis). You can then inspect the file and, within a short deadline, file submissions, produce documents or ask to be questioned.

Do not underestimate this step: it is one of the last opportunities to persuade the prosecutor not to proceed.

In short

1. Stay calm: the notice is not a conviction.
2. Do not discuss the facts with anyone except your lawyer.
3. Keep every relevant document.
4. Appoint a defence lawyer straight away.

If you have received a notice of investigation, you can contact the studio for a first meeting, in English, Italian or Albanian. More on criminal law, including proceedings in Florence, Rome and for clients living in Berlin or Paris.

Avv. Ada Alia

A member of the Pistoia Bar since 2020, she handles criminal, family, immigration and personal injury matters. She meets clients in Italian, English and Albanian.

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