In brief. Italian criminal law separates the mere act of striking another person from the act of causing an injury. Battery (percosse, art. 581 c.p.) punishes physical contact that causes no illness; personal injury (lesioni personali, artt. 582-583 c.p.) punishes conduct that causes an illness in the body or the mind (malattia nel corpo o nella mente), with penalties that rise steeply according to how long the injury lasts and whether it leaves permanent consequences. Whether the offence is prosecuted only on the victim’s complaint or automatically by the State depends on the gravity and the aggravating circumstances — a distinction that often decides the entire case.

Two offences, one continuum

The Italian Criminal Code (Codice penale, c.p.) treats violence against the person as a graded continuum. At the lower end is battery; above it sits personal injury, itself divided into minor, grave and very grave forms. The dividing line is a medical one: the presence or absence of a malattia — an illness or functional impairment, however brief. A shove that leaves no trace is battery; the same shove that produces a bruise diagnosed as a treatable injury becomes lesioni.

This structure is decisive for the defence, because the charge, the penalty range and the very mode of prosecution all turn on which rung of the ladder the facts occupy. For English-speaking clients — often involved in a holiday altercation, a nightlife incident or a workplace dispute — the gap between an offence prosecuted only on the victim’s complaint and one prosecuted ex officio by the State is frequently the whole battle.

Battery — percosse (art. 581 c.p.)

Battery (percosse) under art. 581 c.p. punishes anyone who strikes another person, where the act does not cause a bodily or mental illness. The penalty is imprisonment of up to six months or a fine. Critically, the offence is prosecuted only on the complaint of the victim (a querela della persona offesa) — meaning that without a formal complaint, or after its withdrawal, the State does not proceed.

Battery is also expressly subsidiary: it applies only where the conduct does not amount to a more serious offence. The moment an illness arises — even a few days of treatable pain — the conduct migrates to lesioni personali. Much defence work at this level consists of contesting the existence of any malattia on the medical evidence, keeping the conduct within art. 581 and its far lighter regime.

Personal injury — lesioni personali (artt. 582-583 c.p.)

Personal injury (lesioni personali) under art. 582 c.p. is committed by anyone who causes another person an illness in the body or the mind. The penalty for the basic form is imprisonment from six months to three years.

The gravity is calibrated chiefly by duration of the illness:

  • Minor injury (lesione lieve): illness lasting up to 40 days, without aggravating circumstances. Following the Cartabia reform (D.Lgs 150/2022), this form is prosecuted on the victim’s complaint (querela). (A narrow exception makes the offence prosecutable ex officio where the illness exceeds 20 days and the act is committed against a person who is incapable by reason of age or infirmity.)
  • Grave injury (lesione grave, art. 583, para. 1, c.p.): where the illness endangers life, lasts more than 40 days, or produces a permanent weakening of a sense or an organ. Penalty: imprisonment from three to seven years; prosecuted automatically (d’ufficio).
  • Very grave injury (lesione gravissima, art. 583, para. 2, c.p.): an incurable illness, loss of a sense, a limb or the use of an organ, loss of the capacity to procreate, or a permanent and serious speech impairment. Penalty: imprisonment from six to twelve years; prosecuted d’ufficio.
  • Permanent disfigurement of the face is, since Law 69/2019, a separate offence (art. 583-quinquies c.p.), punished with imprisonment from eight to fourteen years.

The duration of the malattia is established by medical certification and forensic assessment, and it is one of the most contested elements in practice: a defence medico-legal report that reclassifies a 41-day prognosis as a 39-day one can move the case from grave injury, prosecuted d’ufficio, to the basic offence prosecuted on complaint.

Aggravating circumstances and prosecution by complaint

A set of aggravating circumstances (aggravanti) under art. 585 c.p., read with arts. 576 and 577, raise the penalty and, importantly, switch many injuries to automatic prosecution even where the victim files no complaint or withdraws it. These include the use of weapons or corrosive substances, premeditation, futile or base motives, a disguised assailant and the involvement of more than one assailant. By contrast, the aggravation for injuries committed against a family member, spouse or partner raises the penalty but does not, on its own, remove the complaint requirement for minor injuries (although related offences such as domestic abuse under art. 572 c.p. are prosecuted ex officio).

The mode of prosecution is therefore not a formality. Where the offence is prosecuted by complaint (querela), the victim’s withdrawal — often achieved through a negotiated settlement and compensation (remissione di querela) — can close the case entirely. Where the offence is prosecuted automatically (d’ufficio), the proceeding continues regardless of the victim’s wishes, although reconciliation and compensation still weigh heavily in mitigation and sentencing. Identifying, at the outset, which regime applies drives the entire strategy. The wider category of offences against physical and personal integrity is set out in the crimes against the person pillar.

Defences and mitigation

Several lines of defence recur in assault and injury cases under Italian law.

  • Self-defence (legittima difesa, art. 52 c.p.): a justification that excludes punishability where the reaction was necessary and proportionate to an unjust offence to one’s own or another’s rights. Law 36/2019 strengthened the defence in the home and business premises.
  • Provocation (provocazione): a mitigating circumstance reducing the penalty where the act was a reaction to another’s unjust conduct in the heat of the moment.
  • Consent and sporting activity: injuries within the accepted rules of a contact sport are generally not punishable.
  • Contesting the malattia and its duration: independent medico-legal evidence to downgrade the classification, often shifting the case to the complaint-based regime.
  • Causation and identification: in group altercations, contesting who caused which injury is frequently decisive.

For foreign clients, the firm also manages the practical layer — interpreters, coordination with the victim’s lawyer over a possible remissione di querela, and the risk of expulsion or travel consequences flowing from a conviction. To discuss a charge, reach us through the contact page.

FAQ

What is the difference between percosse and lesioni in Italy? Percosse (art. 581 c.p.) is striking a person without causing any illness, punished lightly and only on the victim’s complaint. Lesioni personali (artt. 582-583 c.p.) means causing an illness in the body or mind, with penalties that increase according to the duration of the illness and any permanent effects.

Will the case be dropped if the victim withdraws the complaint? For battery and for minor injuries without aggravating circumstances, yes — the offence is prosecuted on complaint (querela), and a valid withdrawal (remissione di querela) closes the proceeding. For grave or very grave injuries, or where aggravating circumstances apply, the offence is prosecuted automatically (d’ufficio) and continues regardless, though compensation still mitigates.

Is self-defence a valid defence to assault in Italy? Yes. Legittima difesa under art. 52 c.p. excludes punishability where the reaction was necessary and proportionate to an unjust attack. The defence has been reinforced for incidents occurring in the home or business premises, but proportionality remains the key contested element.

Contact the firm

If you are facing an assault or bodily-harm investigation in Italy, the classification of the injury and the mode of prosecution should be assessed at once. See the crimes against the person pillar, the firm profile, or write to us through the contact page.