Criminal Law in Italy
I was the victim of a crime in Italy – can I claim compensation for damages?
Yes, if you were the victim of a crime, you may have the right to seek compensation for damages under Italian law.
Victims can:
- Join the criminal proceedings as a civil party (parte civile) to request financial compensation directly from the offender.
- File a separate civil lawsuit if the criminal trial does not address damages.
- In some cases, access public victim compensation funds, especially for violent crimes or when the offender cannot pay.
Can a foreign citizen be detained or prosecuted in Italy?
Yes. Anyone who commits a crime within the territory of Italy is subject to punishment under Italian criminal law. Foreigners can be detained, charged, tried, and sentenced. A local lawyer with international experience is highly recommended.
What are the most common criminal charges foreigners face in Italy?
Common charges include drug possession, theft, assault, driving under the influence, and immigration-related violations. Every case is different, so it’s important to seek advice quickly.
Will I need an interpreter in court if I don’t speak Italian?
Yes. Italian law requires that you be provided with a qualified interpreter during all court proceedings.
Inheritance, Real Estate & Assets
How do I handle an inherited property in Italy if I live abroad?
You can appoint an Italian lawyer with power of attorney to manage the inheritance procedure (successione), pay inheritance taxes, and register the property in your name.
Can I sell an inherited property before the inheritance process is complete?
No, the inheritance procedure must be legally finalized before the property can be sold.
Business & Contracts
Can I open a business in Italy as a non-EU citizen?
Generally speaking yes, upon reciprocity and fulfillment of certain requirements, but you will need a specific visa and/or residence permit for immigration purposes.
Are contracts signed in English valid under Italian law?
Generally speaking yes, contracts in English are valid if all parties understand the language, but they may need an official Italian translation for use with authorities or courts.
Immigration and Residency
How can I apply for a residency permit in Italy?
Residency permits (permessi di soggiorno) are issued based on your reason for staying — work, family reunification, study, etc. Requirements vary by category.
The application process typically follows a two- or three-step procedure, depending on your case:
- Visa Application — often begins with submitting a visa application at the Italian Consulate in your country of residence.
- Entry and Residency — once your visa is approved, you enter Italy and apply for a permit of stay (permesso di soggiorno) through the local immigration office.
Can I get Italian citizenship through my ancestors?
Yes, under the principle of jure sanguinis (citizenship by descent), you might be eligible for Italian citizenship through your parents or grandparents, even if you were born abroad. Legal assistance is recommended for document verification and court procedures.
What can I do if my visa or residency application is denied?
It depends on your case. You might consider submitting a new application or you could file an appeal. Denials can often be challenged for procedural errors, missing documentation, or incorrect assessments. Our firm assists clients with preparing appeals and representing them in court.
What’s the difference between a visa and a residence permit in Italy?
A visa allows you to enter Italy; a residence permit (“permesso di soggiorno”) allows you to stay legally after arrival for more than 90 days. The visa is obtained before travel, while the permit is normally applied for within eight days of entering Italy.
Can I extend my tourist visa without leaving Italy?
Generally no, except in cases of serious illness or force majeure. Most visitors must leave Italy and reapply from abroad to extend their stay.
How long does it take to obtain Italian citizenship by descent?
Processing can take from several months to over two years, depending on the municipality or consulate. Having complete, properly legalized documents speeds up the process.
International Legal Assistance
Do I need an Italian lawyer to buy property in Italy?
While not legally required, it is highly recommended. A lawyer can review contracts, conduct due diligence, and help avoid costly errors in cross-border transactions.
Can you help with cross-border inheritance or estate issues?
Yes. We assist with inheritance procedures involving foreign heirs, properties in Italy, and recognition of foreign wills. Our firm guides clients through probate, inheritance tax, banking, and legal asset transfers.
Are your services available in English?
Yes. Alessandro Nepi is fluent in English and Italian and licensed to practice law in both Italy and New York. Our legal services are fully accessible to international clients.
Disclaimer: The information above is for general informational purposes only and is not legal advice. Laws change frequently, and your situation may be different. For advice about your specific case, please contact Avv. Alessandro Nepi directly.
Need legal help in Italy?
If your question isn’t listed here, or you need guidance on a specific legal matter, contact us to schedule a consultation. We offer services in both English and Italian.
