HOW TO KNOW IF I’M UNDER INVESTIGATION IN ITALY – 335 PETITION

335 ONLINE PETITION

Not everyone is aware that the Italian legal system allows checking whether one’s name has been entered in the register of suspects in a criminal proceeding or the status of a previously filed complaint, i.e., to which prosecutor it has been assigned and under what registration number.

On the other hand, if you want to know your criminal record, you need to request a criminal record certificate, which you can request HERE.

Specifically, the article 335 of the italian Code of Criminal Procedure stipulates that the Public Prosecutor shall enter in the appropriate register any report of a crime of which he has become aware.
In most italian public Prosecutor’s Offices, the application can also be submitted online; a list is provided below.
To obtain the certificate ex 335 c.p.p., fill out the application form you can find HERE.

WHO CAN ACCESS THE REGISTRY AND WHAT IS OBTAINED FOLLOWING SUBMISSION OF THE PETITION

The petition ex art. 335 c.p.p. can be proposed by anyone interested personally or through a lawyer.
Once the request has been submitted to the competent public prosecutor’s office, in the case of a request submitted by anyone who believes he or she is under investigation, a notice will follow stating:
– that there are no entries susceptible to disclosure (negative certification);
– the registration of the individual in the register of suspects, the identifying data of the suspect, the case roll number, the prosecutor proceeding and the crime for which one is under investigation (positive certification);
In the case of an application filed by the offended person as a result of the previously filed complaint, a notice will follow stating:
– that there are no entries susceptible to communication (negative certification);
– the identifying data of the offended person, the role number of the proceeding, the prosecutor proceeding and the offense charged against the suspect consequent to the complaint filed (positive certification).

WHAT IS THE PURPOSE OF KNOWING IF YOU ARE LISTED ON THE REGISTER OF SUSPECTS?

Becoming aware of a possible entry in the register of suspects can be a great advantage, as it allows you to anticipate the development of an appropriate defense strategy with your lawyer. The suspect can immediately file defense briefs and documents with the secretary of the prosecuting prosecutor.
The offended person, having become aware of the references to the criminal proceedings established as a result of the complaint filed, may also submit written pleadings, additions and documents; or request the taking of summary information.

WHAT IS THE REGISTER OF SUSPECTS AND WHAT IS INVOLVED IN ENTERING A NAME

As mentioned, Article 335 of the Code of Criminal Procedure stipulates that the Public Prosecutor, i.e., the magistrate prosecuting the case, shall enter in the appropriate register any report of a crime of which he has become aware.
Such inclusion in the register of suspects does not necessarily imply that there will be a criminal trial, but allows the prosecutor to carry out acts of investigation even without informing the suspect.
Being placed on the register of suspects means being subject to investigation by the prosecutor’s office as a result of a criminal report, which may result from a complaint, a denunciation, or even simply a report.
What crimes are reported?
It should be clarified that in specific cases the suspect’s right to learn of the inclusion of his or her name in the register of suspects may be subject to certain limitations:
– for the serious crimes provided for in Art. 407 c. 2 lett. a c.p.p.
– by decision of the prosecutor, as provided for in Article 335 c.3 of the Code of Criminal Procedure, if the investigation is particularly complex for a period not exceeding three months.
In such cases, the 335 cpp certificate will have a negative outcome. Turning to a law firm competent in the matter, it is therefore advisable to repeat the request for three months, so as to obviate the hypothesis that it was the PM who decided for the secrecy of the investigation.

THE STAGES OF CRIMINAL PROCEEDINGS

To verify the status of ongoing criminal proceedings, it’s essential to understand the stages involved. The registration of suspects takes place during the preliminary investigation, which marks the initial phase of the criminal process.

Criminal proceedings consist of the following stages:

– Preliminary investigation at the end of which the PM will ask the Judge (GIP) to dismiss or remand the case for trial based on the findings of the investigation;

– Preliminary hearing in which the Judge (GUP) decides on remand or dismissal;

– Trial – phase following any indictment and in which evidence is formed following the principle of cross-examination;

– Judgment – decision of the Judge.

ONLINE PAYMENT

€ 50

Standard Delivery

SAMPLE OF CERTIFICATE