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Scheda pratica - Certificato casellario giudiziale

Practical information - Certificate from the Judicial Records Register

The  local Ufficio del Casellario Giudiziale [Judicial Records Office], based in every Procura della Repubblica [Office of the Prosecutor of the Republic], issues to the person concerned the certificate from the Judicial Records Register (Art. 24 T.U.), that contains the decision in the criminal, civil and administrative field (the final criminal decision and the decisions on the execution of penalties, the decisions on a person’s capacity – judicial disqualification, incapacitation, legal disqualification, court-appointed guardianship – as well as judicial decisions in bankruptcy proceedings taken before 1 January 2008, and provvedimenti di espulsione [deportation orders] and their relevant appeals.

Starting from 26 October 2019, the date of entry into force of the Legislative Decree n. 122/2018, the certificate from the Judicial Records Register incorporates the criminal and civil certificates under Articles 25 and 26 T.U. formerly in force) and for Italian nationals it contains also the statement on entries, if any, in the European Judicial Records.
 

Request:

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 valid identity document.

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

This certificate can be reserved on line (please look at the “Scheda pratica- Prenotazioni on line dei certificati casellario”).

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;
  • person legally incapacitated: 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 (please look at the “Scheda pratica-Certificato casellario Giudiziale e dei carichi pendenti richiesti dall’estero”).
     

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:

  • € 3.87 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:

  • € 3.87 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 the 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 certificato [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 n° 1: 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]: the person concerned has to produce a dichiarazione sostitutiva della certificazione [statement in substitution for a certificate] in compliance with Article 46 of the Decree mentioned above.

The Ufficio del Casellario Giudiziale [Judicial Records Office] delivers the “certificato del casellario europeo” [certificate from the European Judicial Records Register] (art. 25-ter, par. 1, t.u.) containing also the statement on entries, if any in the Italian Criminal Records;upon request by Italian citizens, whereas the “informazione con valore legale sui precedenti penali europei”  [legal information about final criminal convictions] is issued on request by other EU or Non-EU nationals (please look at the relevant “Scheda pratica- Certificato del casellario europeo e informazioni con valore legale”).

Nota bene n° 2: Please be advised the acknowledgement of every convictions, and any forbiddances because of them, all over the EU is only possible by acquiring the “certificato del casellario giudiziale” [certificate from the Judicial Records Register] together with the “certificato del casellario europeo” [certificate from the European Judicial Records Register] or, if the case, with the “informazione con valore legale” [legal information about final criminal convictions] (not yet available to be reserved on line), in compliance with the relevant European law (Framework Decision GAI/315/2009 and Decision GAI/316/2009, carried out by the Italian Decrees nn. 74/2016 and 75/2016).

 

For recapping, please look at the table below:
CERTIFICATO CASELLARIO GIUDIZIALE
(Certificate from the Judicial Records Register)
CERTIFICATO CASELLARIO GIUDIZIALE EUROPEO
(Certificate from the European Judicial Records Register)
ITALIAN CITIZENS
Art. 24 t.u. Art 25-ter, par. 1, t.u.
EUROPEAN CITIZENS
Art. 24 t.u.  “Informazione” (art 25-ter, par. 2, t.u.)
NON EU CITIZENS
Art. 24 t.u “Informazione” to be asked via ECRIS to the countries the person concerned have stayed in


Last update: 10/23/2019

 

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