Being accused of something you did not do is frightening. The steps you take in the first days can protect your case, while the wrong reaction can make things harder. Here is what to do.
1. Say nothing until you have a lawyer
Do not try to explain yourself to the police, the complainant or anyone else before speaking to a lawyer. As a suspect you have the right to remain silent, and well-meant explanations can be misunderstood or used against you.
2. Appoint a lawyer you trust
You can appoint a defence lawyer of your choice (difensore di fiducia); otherwise a court-appointed lawyer will be assigned. If your income is below the threshold set by law, you may qualify for state-funded legal aid (patrocinio a spese dello Stato).
3. Preserve the evidence, quickly
- Save messages, emails, call logs, receipts, photos and location history.
- Write down a timeline while your memory is fresh.
- Note possible witnesses and where CCTV cameras might be: recordings are often deleted within days.
Your lawyer can carry out defence investigations (Articles 391-bis and following of the Code of Criminal Procedure): interviewing witnesses, obtaining documents and commissioning expert reports.
4. Use the key moments of the procedure
When the investigation ends you receive a notice that gives you 20 days to review the file, file submissions and ask to be questioned (Article 415-bis). Often this is the best moment to convince the prosecutor to request dismissal of the case.
5. If the accusation was knowingly false
Knowingly accusing an innocent person is itself an offence (calunnia, Article 368 of the Criminal Code). Whether and when to file a complaint is a strategic decision to take with your lawyer. If you were wrongly held in custody, you may also be entitled to compensation for unjust detention.
Stay off social media
Avoid public statements or posts about the case or the accuser. They rarely help and can create new problems.
This article provides general information and is not legal advice. Every situation is different: for advice on your case, please contact us.