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Checklist: key checks before filing a criminal complaint

2 min read · Editorial oversight: Avv. Federico Papa

This checklist serves as a final verification tool to ensure that the criminal complaint is complete and free of procedural defects. Consult it immediately prior to signing or filing to prevent forfeiture or the improcedibility of criminal proceedings.

In brief

Filing a criminal complaint requires verifying the victim's standing under Art. 120 c.p. and observing the mandatory deadlines under Art. 124 c.p. or Art. 609-septies c.p. The document must include an explicit request for prosecution, the complainant's details under Art. 337 c.p.p., and a detailed narrative of the facts. Essential procedural elements comprise the appointment of counsel, election of domicile, and signature authentication for non-personal filings. The omission of these requirements results in forfeiture, inadmissibility, or reclassification as a mere report (denuncia), preventing the Public Prosecutor from exercising criminal action.

1.
Verify legal standing
Verify that the complainant is the victim of the offense (persona offesa) and not merely the injured party (danneggiato), pursuant to Art. 120 c.p. A lack of standing prevents the valid exercise of the right to file a complaint.
Related practical guide: How to draft a criminal complaint with AI
2.
Observe the mandatory deadline
Ensure that three months have not elapsed (without prejudice to special terms, such as the 12-month deadline for offenses under Art. 609-septies c.p.) from the day the victim became aware of the act constituting the offense, as provided by Art. 124 c.p. Exceeding this deadline results in the permanent forfeiture of the right.
3.
Include the request for prosecution
Verify the presence of an explicit statement of intent requesting the punishment of the offender. Without this request, the document constitutes a mere report (denuncia), ineffective for initiating criminal proceedings for offenses prosecutable only upon complaint.
4.
Identify the parties correctly
Check the details of the complainant pursuant to Art. 337 c.p.p.; the omission of such information invalidates the complaint. Conversely, identifying the perpetrator is not a requirement for validity, as a complaint against unknown persons (contro ignoti) is permissible.
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5.
Check the description of the facts
Ensure that the account of the facts is detailed and encompasses all elements of the conduct. A vague narrative hinders the correct legal characterization of the offense by the investigating authorities.
6.
Verify appointment of counsel and election of domicile
Verify the inclusion of the appointment of defense counsel and the concurrent election of domicile for notifications. The absence of these elements jeopardizes or delays the timely receipt of procedural communications.
7.
Authenticate the signature
Where filing is carried out through counsel, an authorized proxy, or by post, ensure that the complainant's signature has been duly authenticated. A lack of authentication renders the filed document inadmissible.
8.
Check attachments and evidence
Verify that all documents and evidentiary sources referenced in the complaint are attached and properly numbered. Missing attachments may compromise the strength of the evidence and delay initial investigations.

Editorial oversight: Avv. Federico Papa·ICAM

Frequently asked questions

What happens if the request for prosecution is omitted?

The document is reclassified as a simple report (denuncia). Consequently, the Public Prosecutor cannot exercise criminal action if the offense is prosecutable solely upon complaint.

How is the three-month deadline calculated?

The deadline runs from the day the victim becomes aware of the act constituting the offense, pursuant to Art. 124 c.p. (subject to the special 12-month deadline for offenses under Art. 609-septies c.p.). This is a strict deadline, and failure to meet it results in the forfeiture of the right.