Brazilians and Italians living in Brazil can file a police report for a crime that occurred in Italy, commonly known as a "police report," even without returning to the country. Italian law allows this type of complaint to be filed through the consulate or sent directly to the competent authorities.
Let's suppose that a person living in Brazil hired a service in Italy and was deceived by the professional. What can be done in a case like this? How can a crime be reported to the Italian authorities? Let's see what the law says.
The most practical alternative is to go to the Italian consulate responsible for the jurisdiction where the complainant resides. There, it is possible to sign the complaint document and authenticate the signature, as required by Italian law.
Another option is to send the complaint by registered mail — or postal service with return receipt — directly to the competent Italian Prosecutor's Office. The complaint must be signed and authenticated by a recognized public authority, such as a notary or consular officer.
The new law will now be reviewed by the European Union's courts. And there are European precedents that strengthen the defense of descendants.
- New legal front opened
- Processes can still be filed.
- Individual analysis of your case.
Sending complaints by email or certified electronic mail (PEC) is not accepted by the Italian authorities.
Submission via lawyer
The complainant may appoint a lawyer in Italy to file the complaint on his/her behalf. In this case, it is necessary to grant a special power of attorney, which must also be signed and authenticated by a notary or consulate.
The lawyer, however, cannot sign the complaint for the client. His role is limited to filing the document with the Public Prosecutor's Office or with judicial police agencies, such as the carabinieri or the state police.
Brazilian authorities have no competence
It is not possible to file a complaint directly with Brazilian police agencies. Jurisdiction over crimes committed in Italy belongs exclusively to the Italian authorities. This applies even when the complainant lives abroad.
Therefore, anyone living in Brazil who wishes to file a complaint must follow Italian legal channels, through the consular office or an authorized lawyer.
This article was based on Law 39 of the implementing provisions of the Italian Code of Criminal Procedure (disp. att. cod. proc. pen.) and on Art. 337 of the Code of Criminal Procedure (cod. proc. pen.).
