Being named in a criminal investigation can feel like being judged guilty in advance. Italian law says the opposite. Here is what the presumption of innocence means in practice, and how it protects you.
A constitutional guarantee
Article 27 of the Italian Constitution states that a defendant is not considered guilty until a final conviction. Until every possible appeal has been exhausted, the law treats you as innocent, whatever the charges or the media coverage.
This principle is reinforced by EU law: Directive (EU) 2016/343, implemented in Italy by Legislative Decree 188/2021, limits how public authorities may refer to suspects and defendants before a conviction.
The burden of proof is on the prosecution
You do not have to prove your innocence. It is for the prosecution to prove guilt, and a court may convict only if guilt is established beyond any reasonable doubt (Article 533 of the Code of Criminal Procedure). Where the evidence is insufficient or contradictory, the court must acquit.
What it means while you are under investigation
- Being a suspect is not a finding of guilt. Being entered in the register of suspects, or receiving a notice of investigation (informazione di garanzia), means that the prosecutor is investigating. It is not an accusation proven in court.
- You may remain silent. When questioned as a suspect you can choose not to answer, and your silence cannot be treated as an admission (Article 64 of the Code of Criminal Procedure).
- You are entitled to a lawyer. You can appoint a lawyer of your choice; if you do not, one will be appointed for you.
Protecting your position in practice
Speak to a lawyer before making any statement, including informal conversations with investigators. Avoid discussing the case on social media or with people who may later be witnesses. Keep any documents, messages or records that may support your account, and give them to your lawyer rather than to the investigators directly.
This article provides general information and is not legal advice. Every situation is different: for advice on your case, please contact us.