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Scheda pratica - Certificato dei carichi pendenti degli illeciti amministrativi dipendenti da reato

Practical information - Certificate of outstanding proceedings for administrative offences derived from criminal offences

The certificato dei carichi pendenti degli illeciti amministrativi dipendenti da reato [certificate of outstanding proceedings for administrative offences derived from criminal offencesd ] states all judicial measures by which an entity is notified that it is charged of having committed an administrative offence, as well as any other judicial measure taken in that respect and issued subsequently.

At present (pending the activation of the Anagrafe nazionale dei carichi pendenti degli illeciti [National Register of Outstanding Proceedings for Administrative Offences] the certificate can be requested from any Procura della Repubblica [Office of the Prosecutor of the Republic]. The certificate issued mentions the proceedings, as well as relevant appeals if any, outstanding before the Tribunale [Court] and the Giudice di pace [Justice of the Peace] attached to that Prosecutor’s Office.

The certificate of outstanding proceedings for administrative offences derived from criminal offences can be requested by:

  • the entity concerned;
  • a pubblica amministrazione [public administration] or gestore di pubblico servizio [authority/company managing a public utility or service], if they need the certificate for the performance of their activities;
  • the criminal judicial authorities, which access directly to it.

The application for a certificate has to be made by the legal representative of the entity concerned or by someone delegated by them, who shall enclose to the request a copy of the document proving their condition of legal representative.

The certificate is valid for 6 months from the date of issue.

Cost of the certificate:
Each certificate requires payment, by means of duty stamps, of the following sums:

  • € 16.00 for marca da bollo [stamp duty] (n.b.: one stamp duty every two pages of the certificate), and
  • € 3.87 for diritti di certificato [certificatefee];

Certificates to be issued on the same day of the request require the additional payment of:

  • € 3.87 for diritto d’urgenza [urgency fee]

Pursuant to Article 15, paragraph 1, of Law 12 November 2011 no. 183, a certificate issued after 1 January 2012 at the request of the person concerned cannot be produced before a public administration or gestore di pubblico servizio [authority/company managing a public utility or service], to which instead, in compliance with Article 46 of the Decree mentioned above, a dichiarazione sostitutiva della certificazione [statement in substitution for a certificate] shall be produced.

Applicable legislation:

  • legislative decree no. 231 of 8 June 2001
  • Decree of the President of the Republic no. 313/2001 (Articles 12, 14, 30-32) (Consolidation Law on the legislation and regulation on the Judicial Records Register, Register of administrative sanctions derived from criminal offences and of relevant outstanding proceedings)
  • Decree of the Ministry of Justice dated 25 January 2007
 

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