italian criminal record certificate
Italian criminal record certificates
Let's start with a simple definition of a criminal record certificate. It is a certificate issued by the Public Prosecutor's Office attesting to the existence of certain types of offences or proceedings. It provides information on certain final criminal convictions and certain civil, judicial and administrative measures against the applicant for the certificate.
The criminal record is a certificate issued by the Public Prosecutor's Office which enables the person requesting it to be informed of all administrative and judicial decisions concerning him/her.
In order to trace all relations that a particular person has with the law, we need a criminal record, a certificate attesting to all civil and criminal measures, all convictions served and still pending, against a person.
Depending on the situation, there may be different criminal record certificates, e.g. criminal convictions, presence of disqualified persons or pending trials at the time of application.
Public prosecutor's offices are authorised to issue criminal records certificates, even if the application is made outside the municipality of birth of the applicant.of a criminal records certificate.
Reason for requesting criminal records
The reasons for requesting a criminal record certificate can be various, it can be used for example in case of recruitment, i.e. for a new job or a new collaboration, for the custody of a child, for applications for residence permits, for example.
Many of our clients, for example, ask us for Italian criminal record certificates in order to be able to work in Andorra or New Zealand.
which convictions are not reported?
Among those who are not present:
- sentences for extinct crimes;
- with the benefit of "without mention";
- if issued by the Justice of the Peace;
- if it is issued by another judge for offences within the jurisdiction of the Justice of the Peace;
- for fines punishable by a fine;
plea bargaining sentences.
There are 4 types of criminal record certificates in Italy
The Criminal Records Office, which exists in each Public Prosecutor's Office, can issue four different types of certificates, such as:
- General criminal record certificate, which contains criminal, civil and administrative judgments, convictions and final decisions, irrevocable measures issued against the applicant in criminal, civil and administrative matters;
- Certificate of criminal record contains all irrevocable, final criminal measures;
- Civil criminal record certificate summarises all measures relating to a person's capacity - legal and judicial disqualification, bankruptcy, loss or revocation of citizenship;
- Certificate of criminal record requested by public administrations; similar to the general certificate of criminal and civil records, but requested by the person concerned.
certificate of outstanding charges in Italy
The term pending charges refers to ongoing criminal proceedings concerning a specific individual. Therefore, it does not refer to final and irrevocable sentences, nor to the preliminary investigation phase, during which the subject is a suspect, but to the trial phase, when he/she becomes a defendant for all intents and purposes.
The document is issued by the criminal records office of the Public Prosecutor's Office of the competent court of the person's place of residence.
However, pending charges also relate to tax irregularities that can be verified by requesting information from the tax office.
In general, therefore, we can say that it is a matter of settling pending charges, i.e. ongoing criminal proceedings, appeals or litigation with the tax authorities.
To obtain the certificate of outstanding charges the waiting time to obtain it is usually 30 days, and it is valid for 6 months.
Difference between the certificate of criminal record and pending charges in Italy
The certificate of pending charges differs from the Italian criminal record certificate in that it contains information on criminal proceedings that are still pending involving a particular person, an accused person, not yet considered guilty.
It is not to be confused with the criminal record, i.e. the certificate of criminal record describing the final convictions against the applicant.
Attention to special cases
In addition to the cases described above, it is also important to be aware of special cases in which the procedures for applying for a criminal certificate differ. In detail:
in the case of minors, the application must be submitted by the person exercising parental authority (if the minor has not yet reached the age of 16);
For interdicts, the application must be submitted by the guardian, who is expected to present the decree of appointment;
for detainees or even for applications from abroad, the application can be submitted by post or by a delegate.
Remember: the certificate is valid for 6 months from the date of issue.
Criminal certificate: costs and time of issue
First of all, when talking about criminal record certificates, regarding the time of issue, you should know that: the certificate is normally delivered within 15 days. The price may vary depending on each case, whether it is an urgent certificate or not. Do not hesitate to contact us by phone or by e-mail to find out how much it costs to order an Italian criminal record certificate.
Validity of the Italian certificate of criminal record abroad
Legalisation of the Italian Certificate of Criminal Records
In order for your Italian Criminal Record Certificate to be valid outside Italy as it is in Spain, the certificate must be legalised. Specifically, the Italian criminal record certificate or certificate of sexual offences must be apostilled by means of the Hague Apostille.
Although European regulations on administrative records state that they are exempt from legalisation, these European regulations do not apply to criminal certificates that are issued by a court.
Any public document issued by Italy must be legalised in order to be effective and valid abroad.
For example, as Spain and Italy are signatories to the Hague Convention, there is no need for diplomatic or consular legalisation, the Hague Apostille stamp is sufficient, which is much quicker and easier to obtain.
Where Hague Apostilles are affixed to criminal record certificates in Italy
Each country chooses the authority responsible for apostilling the documents: in the case of Italy, the legalisation is carried out at the prefettura or Governorate Civil of each region, whose address you can consult at http://www.prefettura.it/.
translation of Italian Criminal Record Certificates
Criminal record certificates and sexual offence certificates issued by a court in Italy are not in multilingual format. The Italian criminal certificate is issued in Italian language only.
All criminal certificates to be presented in other countries to other authorities in Spain, Andorra, Portugal or New Zealand must be in Spanish, Catalan, Portuguese or English. These official Italian documents must be translated into other languages by means of an Official Sworn Translation.
In particular, for the Italian criminal record certificate you will need a sworn translator for Italian-Spanish, Italian-Catalan, Italian-Portuguese or Italian-English.
Tramite Italia takes care of requesting the criminal record and certificate of no sexual offences for its clients and also takes care of the legalisation of the document for the country where it has to be presented and its translation into the language of the country where it has to be presented.