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Scheda pratica - Certificato casellario giudiziale

Practical information - Certificate from the Judicial Records Register

The Certificato del casellario giudiziale [Certificate from the Judicial Records Register] states all final criminal convictions and certain civil and administrative measures concerning a given person.
There is an Ufficio del Casellario Giudiziale [Judicial Records Office] attached to every Procura della Repubblica [Office of the Prosecutor of the Republic].
The Office delivers the following types of certificate:

  • general certificate: states criminal, civil and administrative decisions that have become final (it contains the criminal and civil certificates);
  • criminal certificate: states criminal convictions that have become final;
  • civil certificate: states measures taken affecting a person’s capacity (such as interdizione legale [statutory disqualification]; interdizione giudiziale [conservatorship]; inabilitazione [guardianship]; amministrazione di sostegno [assisted decision-making]); as well as judicial decisions in bankruptcy proceedings taken before 1 January 2008, and provvedimenti di espulsione [deportation orders] and their relevant appeals.

The certificate can be requested by:

  • the person concerned, or by someone delegated by them;
  • 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; or
  • the defence counsel of the defendant in relationship with a victim or witness of the offence.

Request by the person concerned

The request for a certificate has to be made on the relevant application form and submitted either by the person concerned or by someone delegated by them, carrying a valid identity document.

The person concerned may submit the request either in person or by mail. In the latter case they shall enclose a copy of their identity document.

Non-EU citizens without a passport will have to show a copy of their permesso di soggiorno [permit of stay].

Special cases:

  • minor/ child under 16: the request is submitted by the person having parental authority over them, if the child has not turned 16;
  • interdetto [conservatee]: the request is submitted by the conservator, who has to produce their decreto di nomina [decree of appointment];
  • prisoner or person staying in a therapeutic community: the request can be submitted by the person concerned by post, or by someone delegated by them; if the person concerned has no identity documents, the request must be countersigned by the Prison Director [direttore del carcere] or by the Prison’s Ufficio Matricolare;
  • request from abroad: the request can be submitted by the person concerned by post, or by someone delegated by them.

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:

  • € 3.84 for diritti di certificato [certificate fee]; and
  • € 16.00 for bollo [stamp duty] (n.b.: one stamp duty every two pages of the certificate)

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

  • € 3.84 for diritto d’urgenza [urgency fee]

Please note that the certificate is issued free i.e. exempt from payment of both marca da bollo [stamp duty] and diritti di certificato, if needed, among others, for the following purposes:

  • proceedings concerning adoption and fostering of children (Art. 82 of Law 184/83)
  • disputes concerning labour, or mandatory welfare and social security matters (Art. 10 of Law 533/73)
  • proceedings where the person concerned has been granted legal aid (art. 18 of D.P.R. 115/2002).
  • an application for riparazione dell’errore giudiziario [judicial redress] (Art. 176 of code of criminal procedure - enforcement provisions)

However, if the certificate is needed for any of the purposes indicated in Annex B to the Decree of the President of the Republic no. 642/72 it is exempt only from payment of marca da bollo [stamp duty]

Anyone entitled to being issued a certificate  with exemption from payment of marca da bollo  [stamp duty] and diritti di cetificato [certificate fee] must prove such entitlement through evidence (e.g. file number of the proceedings in case of legal separation legal aid or labour disputes; a declaration by the President of the Non-Profit Organization stating that the certificate requested by a private citizen is related to an activity of that organization).

Nota bene: Pursuant to Art. 40 of the Decree of the President of the Republic 28 December 2000 no. 445 (as amended by Article 15, paragraph 1, of Law 12 November 2011 no. 183) a certificate issued 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 .
 

WHERE


A Certificate from the Judicial Records can be requested from any Procura della Repubblica [Office of the Prosecutor of the Republic] throughout Italy, irrespective of the place of birth or residence of the person concerned.

Please note that the opening hours of the offices may vary between them, so it is advisable to check them directly with the Offices concerned.

contact information of judicial offices /Courts

FAQ

 

Does the applicant need to state the reason why they are applying for a certificate from the criminal records register?
No, they don’t. But the applicant must indicate the purpose for which they request it if they are applying for it free of charge, i.e. with exemption from payment of any duty and fee, or with exemption from payment of marca da bollo [stamp duty].


When is a certificate issued free of charge, i.e. with exemption from payment of any duty and fee?
A certificate is issued free of charge if it is requested for use in:

  • disputes concerning labour, or mandatory welfare and social security matters (Art. 10 of Law 533/73);
  • in proceedings concerning adoption and placement of children (Art. 82 Law 184/83);
  • in proceedings where the applicant has been granted legal aid (art. 18 of D.P.R. 115/2002);
  • in an application for riparazione dell’errore giudiziario [compensation for judicial error] (Art. 176 of the code of criminal procedure - enforcement provisions)


When is a certificate issued with exemption from payment of marca da bollo [stamp duty]?
A certificate is issued with exemption from payment of stamp duty in the cases indicated in the list of annex B to the D.P.R. 642/72.


Does the criminal certificate issued to the person concerned mention all the criminal data registered about that person?
No, it doesn’t. Article 25 of Law no. 313/2002 - Consolidation Law on the Judicial Records Register [Testo Unico del Casellario] provides that the criminal certificate shall not mention some of the data contained in the Register such as, for example,

  • convictions which have been granted the benefit of “non menzione”, i.e. “non disclosure” in the certificate;
  • judicial measures ordered by a giudice di pace;
  • judicial measures for which the giudice di pace is competent, but have been ordered by a different judge
  • convictions relevant to offences punishable only with a fine.
  • conviction for offences that have become extinguished


Since the criminal certificate requested by the person concerned does not indicate all the registered data concerning them, how can they check that all the registered data held about them are correct?
They can apply for a “visura a richiesta degli interessati” [statement of the data entered in the judicial records register requested by the person concerned], in compliance with Law no. 313/2002 - Consolidation Law on the Judicial Records Register [Testo Unico del Casellario ].


If the certificate contains a mistake, how can the person concerned get it corrected?
The person concerned can make an application to the Court of their place of birth to correct the mistake.


If the certificate is requested by a person not born in Italy, which is the court competent over their certificate from the judicial record and the data contained therein?
The competent court is the Tribunale di Roma [Court of Rome]


Does a certificate issued at the request of a public administration contain all the registered data concerning a given person?
No, it doesn’t. The data contained in a certificate issued at the request of a public administration or gestore di pubblico servizio [authority/company managing a public utility or service] comply with the same limitations provided for certificates issued at the request of the person concerned. However, a public administration and gestore di pubblico servizio [authority/company managing a public utility or service] can request a general certificate containing all the registered data about a given person for the sole purpose of verifying conditions, qualities and facts relevant to that person or a declaration in substitution for a certificate [dichiarazione sostitutitva] submitted by that person.


Do the same limitations apply to the judicial authorities?
No, they don’t. Criminal judicial authorities obtain certificates with all the data registered in the judicial records register concerning a given person.


Can the public prosecutor or the defendant’s defence counsel request a certificate from the judicial records register concerning the victim or the witness of the offence?
Yes, upon authorization by the judge carrying out the relevant criminal proceedings. In this case the certificate will disclose all the information registered about the person concerned.


Can the amounts for the diritti di urgenza [urgency fee], the diritti di certificato [certificate fee] and the marca da bollo [stamp duty] cancelleria [court charges] due for obtaining the certificate be paid in cash ?
No, never.
All the amounts due for issuing the certificate have to be paid by means of marche da bollo [duty stamps] that have to be affixed on the application form.
Even when the certificate is requested from abroad, the amounts due must be paid according to the methods prescribed for the country from which the certificate is requested.


Can the certificate from the judicial records register (general, criminal or civil records) be requested from abroad?
Yes, it can. Anyone who lives outside Italy, whether Italian citizen or not, can address their application to the Ufficio del casellario giudiziale [Criminal Records Office] at any Procura della Repubblica [Office of the Prosecutor of the Republic] throughout Italy.

The application, in writing, must specify the following:

  1. the personal details of the person concerned (i.e. the person to whom the certificate relates), stating clearly – in block capital letters - their family name/surname and forename(s)/given name(s), as well as their place (town and country) and date of birth;
  2. the address where the certificate is to be sent; and
  3. if the certificate is requested with exemption from payment of any duty and feeadoption proceedings, labour disputes, legal aid applications, judicial redress) or with exemption from payment of marca da bollo [stamp duty] (for applications, documents, certificates of Non-Profit Organizations, scholarship), the purpose for which it is requested proving entitlement to the exemption.

The application must be signed by the person concerned and specify if is for a certificato del casellario giudiziale [certificate from the judicial records] or a certificato dei carichi pendenti [certificate of outstanding criminal proceedings].

Certificates are issued in the Italian language and in the German language if issued by the Office in Bolzano/Bozen.

The cost of each certificate issued is of € 19.84 (of which € 16 for marca da bollo [stamp duty] and € 3.84 for diritti di certificato [certificate fee]).

If the certificate is exempt from the payment of the marca da bollo [stamp duty], only € 3.84 diritti di certificato [certificate fee]) are to be paid.

In addition, also the postage costs by ordinary mail are to be paid. These are: € 0.90 for mailing to European countries, € 2 to non-European countries and € 2.50 to Oceania.

Please note that the acceptable payment methods (eg. international bankers draft, postal cheque, eurogiro etc) of the amount due for issuing a certificate (stamp duty and/or certificate fee and postage costs) differ according to the country from which the certificate is requested and relevant applicable Conventions. It is therefore necessary to ask the Ufficio del casellario [Judicial Records Office] to which the application is going to be sent what is the appropriate payment method to use.

Do not send cash

Applicants must enclose the following in their request:

  1. a copy of a valid identity document of the person concerned (eg. ID card, passport, international driving licence)
  2. proof of payment of the total amount due for issuing the certificate (i.e. stamp duties and/or certificate fee and postage costs)
  3. an envelope already bearing the address where the certificate is to be mailed to, without stamps.

 

Can the amounts due as certificate fee and/or urgency fee and as stamp duty be paid in cash?
No, never. Any amounts due must be paid by means of marche da bollo [duty stamps] that have to be affixed on the application form.
If the certificate is requested from abroad, the amounts must be paid in the ways prescribed for the country from which the certificate is requested.

 

FORMS


The forms below are to be used in any Procura della Repubblica throughout Italy

Application by the person concerned for a certificate from the judicial records register, a certificate of outstanding criminal proceedings or a statement of the data entered into the judicial records register - FORM 3
Appointment of a proxy to request a certificate or statement from the judicial records register - FORM 5

Last update: 4 July 2014

 

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