How do I file a criminal complaint?
Conditional: for crimes prosecutable by complaint you have 3 months; the denuncia has no deadline. The basis is art. 124 of the Penal Code. The querela is the victim's request to punish the offender (for crimes "prosecutable by complaint"); the denuncia is just reporting a fact-crime, with no punishment request and no deadline. The querela must be filed within 3 months (90 days) of full knowledge of the fact and its author. It's filed with the Carabinieri, Polizia di Stato or the Procura. It's withdrawable: the victim can drop it, with the accused's acceptance. With the Cartabia reform, many crimes (theft, fraud, minor injuries, serious threat) are now prosecutable only by complaint. In short: it depends on the crime, and for the querela you have 90 days.
📋 The rules
- Querela = request to punish; denuncia = a report
- Querela: within 3 months (90 days) of fact and author
- Filed with Carabinieri, Polizia or Procura
- The querela is withdrawable (with acceptance)
- Cartabia: theft, fraud, minor injuries by complaint
🔓 Exceptions
- Sexual violence: 12-month term, irrevocable querela
- Crimes against minors or aggravated: often prosecuted ex officio
- Public officials: denuncia mandatory (art. 361)
⚠️ Penalties & fines
Filing a querela or denuncia is free. A querela filed after 90 days is invalid: the crime can no longer be prosecuted. Beware the reckless querela (knowingly false or rash): the filer can be ordered to pay damages, and calunnia (false accusation, art. 368 c.p.) is punished with 2 to 6 years. Beware a myth: "querela and denuncia are the same thing" is false — only the querela has the 3-month deadline and can be withdrawn; the denuncia is just a report. And "you can file any time, like a long statute of limitations" is false: past 90 days, that complaint-crime can no longer be prosecuted. To act: file the querela with the Carabinieri or Polizia within the 3 months.
📎 Official sources
- Penal Code — art. 124 (complaint term) →
- Cartabia reform — D.Lgs. 150/2022 →
- Polizia di Stato — complaint →
❓ Frequently asked
What's the difference between querela and denuncia?
The querela is the victim's expression of will to punish the offender for a crime prosecutable by complaint, to be filed within 3 months. The denuncia is just reporting a fact-crime to the authorities, with no punishment request and no deadline. Only the querela can be withdrawn.
How long do I have to file a complaint?
The querela must be filed within 3 months, i.e. 90 days, from the day you had full knowledge of the fact and the identity of its author. If you let that deadline pass, the right to complain lapses and, for the crimes depending on it, prosecution is no longer possible. So it's important not to wait.
Where do I file a complaint?
A querela can be filed with the Carabinieri, the Polizia di Stato or directly with the Procura della Repubblica, orally with a report or in writing. Filing is free. With the Cartabia reform, many crimes, like theft and fraud, became prosecutable by complaint, so they require the victim's initiative.
Can I withdraw the complaint?
Yes, the querela is withdrawable. The victim can drop it through remission, but the accused must accept it: only then does the crime extinguish. The denuncia, by contrast, can't be withdrawn, as it's just a report. Some crimes, like sexual violence, provide for an irrevocable querela.
What do I risk with a false complaint?
Filing a knowingly false or rash querela can mean being ordered to pay damages. Above all, falsely accusing someone of a crime, knowing them innocent, is the offence of calunnia, under art. 368 of the Penal Code, punished with 2 to 6 years. So it's not to be taken lightly.
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