When can you file a report, a complaint or a statement?

Individuals, as well as companies, may often find themselves needing to report facts relating to criminal conduct that are relevant to the Judicial Authority.

The tools provided for this purpose by the Italian legal system are three: the report (denuncia), the complaint (querela) and the statement (esposto).

To offer a quick and general overview: a report is an act by which anyone, even if not directly involved, notifies the judicial authority of an offense prosecutable ex officio, such as extortion.  A complaint, instead, may only be submitted by the person who has suffered the offense that is not prosecutable ex officio, such as simple fraud, and must be filed within three months of discovering the offense. Finally, a statement is a submission to the judicial authorities requesting an assessment as to whether any criminal offenses may have occurred in a given situation.

Below, we analyze in more detail the differences between a report, a complaint and a statement, as well as their respective filing procedures.

The report: when and how to file it

According to Article 333 of the Italian Code of Criminal Procedure (Report by Private Individuals):

1. Any person who has knowledge of an offense prosecutable ex officio may file a report. The law determines the cases in which a report is mandatory.
2. The report is submitted orally or in writing, personally or through a special proxy, to the public prosecutor or to a judicial police officer; if submitted in writing, it must be signed by the reporting party or by their special proxy.
3. Anonymous reports cannot be used in any way, except as provided for in Article 240.

Therefore, a report (also defined as a “complaint”) may be filed by anyone – even if not the offense victim – who knows an offense prosecutable ex officio. It must be formalized before the Judicial Authority and can be submitted either orally or in writing, including through a special proxy.

How to file a report

To understand how to file a report, it is essential to know that it may be addressed to the Public Prosecutor’s Office (Procura della Repubblica) or the Criminal Police (Polizia Giudiziaria), and that the report must be signed either personally or by a legal representative holding a specific power of attorney (procura speciale).

The complaint: who can file it and in which cases

As for the complaint (also called “grievance” or, more broadly, “legal action”), Article 120 of the Italian Penal Code (Right to Complaint) provides as follows in paragraph 1:

Anyone who is the victim of an offense that is not prosecutable ex officio or upon request or petition has the right to file a complaint.

Article 124 of the Penal Code (Deadline for Filing a Complaint. Waiver) further specifies:

Unless otherwise provided by law, the right to file a complaint cannot be exercised after three months from the day the offense was discovered. The right to a complaint cannot be exercised if there has been an express or tacit waiver by the entitled party. A tacit waiver occurs when the person entitled to file a complaint performs acts incompatible with the will to proceed. The waiver automatically extends to all those who committed the offense.

What Is the difference between a complaint and a report?

Based on what has been stated so far, the difference between a complaint and a report is substantial. While a report can be filed by anyone who becomes aware of an offence prosecutable ex officio, a complaint can only be filed by the victim for offences that require such an initiative. It must be lodged within three months of the discovery of the offense.

How to file a complaint

Article 336 of the Italian Code of Criminal Procedure specifies that:

A complaint is filed through a declaration in which, personally or through a special proxy, the will to proceed for a fact provided for by law as a criminal offense is expressed.

The complaint must be filed in the same forms required for the report under Article 333, paragraph 2 of the Code of Criminal Procedure. In the case of a complaint filed by the legal representative of a company, entity or association, the act must specifically indicate the source of the representative’s powers.

Furthermore, a complaint may be withdrawn, as provided for by Article 340 of the Italian Code of Criminal Procedure:

The withdrawal of the complaint is made and accepted personally or through a special proxy, by declaration received by the competent authority or by a judicial police officer, who must immediately forward it to the aforementioned authority.

Therefore, the victim has the possibility, after filing the complaint, to withdraw it – for example, following a settlement between the parties – but the withdrawal must necessarily be accepted by the person against whom the complaint was made.

When to submit a statement

Finally, it is also possible to submit a statement to the Judicial Authority regarding facts that have occurred, requesting an evaluation as to whether any criminal offense may exist and the identification of the responsible parties.

In practice, the statement may serve as a precautionary measure for the person submitting it, to protect themselves from potential accusations of slander or false reporting, particularly in complex or uncertain situations.

Report, complaint and statement: against known or unknown persons

All three acts examined in this article – report, complaint and statement – may be submitted against known or unknown individuals. In the case of unknown individuals, it will be up to the Judicial Authority to conduct investigations in order to identify them.

It is also essential to file these acts along with all relevant documentation, which should be attached to the submission and to indicate any individuals who are informed of the facts and may be called to testify before the Judicial Authority.

Stella Law Firm: criminal lawyers in Milan

The professionals at Stella Law Firm, a leading firm among criminal lawyers in Milan, have developed extensive experience in drafting reports, complaints and statements, including for complex cases, in the interest of both individuals and legal entities throughout the national territory.

The firm provides comprehensive legal support, from drafting to filing the acts and continues monitoring the criminal proceedings in the subsequent phase.

Do you need to file a report, a complaint or a statement? Contact the criminal lawyers at Stella Law Firm for tailored legal advice.