Practical guide
How to draft a criminal complaint with AI
4 min read · Updated May 2026 · Editorial oversight: Avv. Federico Papa
The querela (criminal complaint) is the legal instrument through which the victim of a crime, in cases where prosecution is not mandatory ex officio, expresses their will that criminal proceedings be initiated. Pursuant to art. 336 c.p.p., this act represents an essential condition for prosecution, without which the Public Prosecutor cannot exercise criminal action. The right to file a querela must be exercised by the holder of the interest protected by the criminal provision, following the procedures and mandatory deadlines established by arts. 120 and 124 c.p. It is distinguished from a denuncia (report) because the latter is a mere notification of a crime that does not necessarily include an explicit request for the punishment of the offender.
In brief
The querela, under Art. 336 c.p.p., is a mandatory condition for prosecution of specific offenses. This legal instrument requires the standing of the victim pursuant to Art. 120 c.p. and an explicit request for punishment. The statutory deadline is generally three months, with extensions for stalking and sexual violence under Art. 124 c.p. Professional drafting, supported by AI, necessitates detailed facts, causal links, and evidentiary sources. Pursuant to Art. 337 c.p.p., the document must be signed and filed with the Public Prosecutor's Office or Judicial Police to initiate criminal action.
The steps
- 1.
Verification of standing and deadlines
The professional must first ascertain that the client is the victim (persona offesa) of the crime, meaning the holder of the protected legal interest, as provided by art. 120 c.p. It is essential to verify compliance with the three-month forfeiture deadline (termine decadenziale) from the day the victim became aware of the criminal act, unless different terms are provided for specific offenses under art. 124 c.p. An incorrect evaluation of the timeliness of the querela leads to the inadmissibility of criminal action and the inevitable dismissal of the case.
- 2.
Analytical description of the criminal act
The presentation of facts must be precise, structured, and free of purely subjective evaluations, indicating exactly the time, place, and manner of the harmful conduct. It is necessary to detail the constituent elements of the alleged crime, highlighting the causal link between the agent's conduct and the harmful or dangerous event. If the offender is unknown, the querela should be filed against unknown persons (contro ignoti), while still providing every useful element for their identification by the Judicial Police.
- 3.
Inclusion of the request for punishment
The pivotal element of the querela is the unequivocal expression of the will that criminal proceedings be taken against the perpetrator. Describing the facts is not enough; one must include an express formula requesting the punishment of the responsible party for the reported facts and any other detectable crime. In the absence of such an explicit request, the act could be qualified as a mere denuncia, becoming ineffective for crimes prosecutable only upon complaint.
- 4.
Documentary production and evidentiary indications
The document must indicate the sources of evidence supporting the narrative, such as witnesses (with their full details), recordings, messages, or technical reports. Attaching evidentiary documents from the filing stage accelerates preliminary investigations and guides the Public Prosecutor's activity towards a conviction prognosis. It is advisable to number the attachments and refer to them precisely within the body of the text to facilitate consultation of the file.
- 5.
Signing and filing formalities
The querela can be presented orally or in writing, but in legal practice, the written form is the standard to ensure technical completeness. Pursuant to art. 337 c.p.p., the act must be signed by the victim or their special proxy (procuratore speciale); if not delivered in person, the signature must be authenticated. Filing occurs at the Public Prosecutor's Office or a Judicial Police office, always requesting an acknowledgment of receipt (attestazione di ricezione).
Legal basis: art. 336 c.p.p.art. 337 c.p.p.art. 120 c.p.art. 124 c.p.
Related checklist: key checks before filing a criminal complaintThe template structure
The standard sections that make up the document. The full template can be opened and completed directly on edit.legal.
Recipient Authority
Indicates the Public Prosecutor's Office or the Judicial Police body with territorial jurisdiction to receive the act.
Complainant and Defendant
Contains the full personal details of the victim and, if known, those of the alleged perpetrator of the crime.
Statement of Facts
Detailed and chronological narrative of the event, including every circumstance relevant to the crime's configuration.
Legal Classification
Indicates the criminal offenses believed to be constituted by the described conduct and the violated penal provisions.
Request for Punishment and Petitions
Express declaration of the will to proceed criminally and ancillary requests, such as opposition to dismissal.
Appointment of Counsel and Election of Domicile
Granting of the mandate to the trusted lawyer and indication of the location for receiving notifications.
Documents and Evidence Sources
Analytical list of documentary attachments and indication of individuals capable of testifying about the facts.
Place, Date, and Signature
Formal elements certifying the origin of the document and the time of its drafting.
Mistakes to avoid
- Omission of the explicit request for punishment, turning the act into a mere report (denuncia) unsuitable for non-ex officio crimes.
- Failure to meet the mandatory three-month deadline under art. 124 c.p., resulting in the forfeiture of the right to file.
- Filing by an unauthorized party (e.g., someone damaged by the crime who is not the actual victim or persona offesa).
- Lack of signature authentication when filing via a representative or registered mail, leading to inadmissibility.
Frequently asked questions
What is the deadline for filing a criminal complaint?
The general deadline is three months from the day the victim became aware of the criminal act, per art. 124 c.p. For specific crimes, such as sexual violence or stalking, the term is extended to twelve and six months, respectively.
Is it possible to withdraw a filed criminal complaint?
Yes, through the 'remissione della querela' (withdrawal), which extinguishes the crime if accepted by the defendant. However, for certain serious crimes (e.g., sexual violence), the complaint is irrevocable once filed.
How much does it cost to file a criminal complaint?
Filing a querela is free of charge and does not require payment of court fees (contributo unificato) or stamps. However, legal assistance from a lawyer for technical drafting involves the relevant professional fees.
What edit.legal automates
- —Automatic generation of prosecution request clauses and notices under art. 408 c.p.p. to prevent procedural defects.
- —Assisted verification of legal standing and calculation of expiration deadlines under art. 124 c.p. based on the event date.
- —Logical structuring of facts with precise indication of evidence sources and witnesses for a coherent and rigorous narrative.
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