In brief. International victims of online fraud and individuals accused of fraud in Italy face a system that does not match the structure they may be familiar with from common-law jurisdictions. Italy has no “fraud solicitors” in the strict procedural sense: criminal fraud is litigated by avvocati qualified before Italian courts, and the procedural framework is inquisitorial in its investigative phase and adversarial in trial. International Lawyers Associates (ILA) is an Italian criminal law firm with international practice; we represent victims and accused persons in fraud proceedings in Italy.

At a glance

  • Italian fraud cases are litigated by avvocati penalisti — criminal lawyers qualified before Italian courts.
  • The Italian system has a distinct investigative phase (indagini preliminari), a preliminary hearing (udienza preliminare) and trial (dibattimento).
  • For victims, recovery often runs in parallel: criminal proceedings with civil party constitution, bank action for SEPA/card recovery, mutual legal assistance for cross-border asset tracing.
  • For accused parties, the first 48 hours after notification can shape the entire defence strategy.
  • ILA acts as Italian counsel for international clients, coordinating with foreign solicitors, in-house teams and forensic experts.

How fraud is handled in Italy: structural differences

Three structural differences matter for an international client.

1. There is no specific “fraud bar”. In Italy any criminal lawyer admitted to the Bar (Albo degli Avvocati) can represent in fraud cases. Appearing before the Court of Cassation requires registration in a special register, open to lawyers with long standing at the Bar who meet the requirements of Law 247/2012.

2. The investigative phase is led by the public prosecutor. Unlike adversarial systems, in Italy the Pubblico Ministero runs the investigation, supported by the judicial police (Polizia Postale for cybercrime and online fraud). The defence has limited access to the file until the close of investigations. Strategic moves at this stage are decisive.

3. Civil and criminal proceedings interact. Victims can constitute themselves as civil parties (parte civile) in the criminal proceeding to obtain restitution and damages without a separate civil suit. Alternatively, a separate civil action can be filed with provisional remedies (sequestro conservativo, art. 671 of the Code of Civil Procedure).

  • Article 640 of the Italian Criminal Code — fraud (truffa).
  • Article 640-ter — computer fraud (frode informatica).
  • Article 640-bis — fraud against the State or public entities.
  • Article 615-ter — unlawful access to information systems.
  • Article 494 — identity substitution.
  • Article 648-bis — money laundering.
  • Article 648-ter.1 — self-laundering.
  • D.Lgs. 231/2001 — corporate criminal liability for fraud and computer fraud.
  • Article 321 of the Code of Criminal Procedure — preventive seizure.
  • Article 11 of D.Lgs. 11/2010 (PSD2) — bank liability for unauthorised payment operations.
  • Budapest Convention on Cybercrime (Law 48/2008) — international cooperation framework.

When victims need Italian fraud counsel

Five typical scenarios.

Cross-border online fraud — funds transferred from your country to Italy or via Italian intermediaries (banks, fintechs, exchanges). Italian counsel files the criminal complaint, requests preventive seizure under article 321 of the Code of Criminal Procedure and coordinates with foreign counsel.

Investment scams with Italian-licensed platforms — entities falsely claiming CONSOB or Banca d’Italia authorisation. Italian counsel verifies authorisation status, files complaints with CONSOB and the criminal authorities.

Corporate fraud involving Italian subsidiaries — internal fraud, CEO fraud, vendor fraud against Italian operations. Italian counsel coordinates investigation, criminal complaint and corporate liability assessment under D.Lgs. 231/2001.

Asset recovery from Italian accounts — proceeds of fraud that landed in Italian bank accounts. Recovery runs through preventive seizure orders, often via mutual legal assistance requests.

Civil party constitution in pending Italian proceedings — where a criminal proceeding has already begun, victims can join as civil parties to obtain restitution and damages in the same proceeding.

When accused parties need Italian fraud counsel

Three frequent scenarios.

Notification of investigation (informazione di garanzia) — the first formal notice that you are under investigation in Italy. The next 30-60 days are decisive: defence brief, requests for evidence, potential offers to the prosecutor.

Precautionary measures (misure cautelari) — pre-trial detention, house arrest, prohibition orders. Time is critical: requests for review (riesame) have a 10-day deadline (art. 309 of the Code of Criminal Procedure).

European Arrest Warrant or extradition request — fraud is an offence that supports the EAW. Italian counsel coordinates with counsel in the executing State to challenge the warrant or to seek conditions on surrender.

How ILA works with international clients

We handle fraud matters with a structured approach:

  • Initial assessment within 24-48 hours: preservation of evidence, instructions to banks, request for digital forensics where needed.
  • Filing of the criminal complaint or filing of the defence brief, depending on the side represented.
  • Coordination with foreign counsel for cross-border elements, including mutual legal assistance and asset tracing.
  • On-chain analysis for crypto fraud, using specialist providers.
  • Civil follow-on action where appropriate.
  • Communications in English, Spanish and Italian, with the firm’s lawyers as direct contacts.

Case examples

(Illustrative examples: they do not refer to specific proceedings.)

Case 1 — UK victim of investment scam routed through Italian payment institution. A UK-based victim transfers funds through a SEPA chain that includes an Italian payment institution as intermediary. Italian counsel files the criminal complaint with the Polizia Postale, asks the prosecutor to seek a preventive seizure of the Italian leg of the transfer and coordinates with UK solicitors for any parallel proceeding. Recovery, where possible, is often partial.

Case 2 — Non-Italian executive notified in Italy for alleged business fraud. A non-Italian executive receives notice of investigation for aggravated fraud to obtain public funds (art. 640-bis Italian Criminal Code). Italian counsel coordinates with home counsel, prepares the defence brief, seeks clarification of the alleged conduct and assesses the company’s exposure under D.Lgs. 231/2001.

FAQ

Do Italian lawyers handle online fraud cases the same way UK solicitors do? The procedural framework is different. The investigative phase is led by the public prosecutor and the defence has limited access until investigations close. Strategic decisions at this stage can shape the entire proceeding.

Can a UK solicitor represent me in Italian criminal courts? No. Only Italian-qualified lawyers can act before Italian courts. Cooperation between foreign and Italian counsel is the standard model for cross-border cases.

Can I recover money sent to a fraudster from an Italian account? Sometimes, and often only in part, where the funds are still traceable. The tools are bank recall for SEPA (24-48 hours), preventive seizure for proceedings already filed, and mutual legal assistance for cross-border tracing.

How long does a fraud case take in Italy? Investigations can run six months to two years. Trial and appeals add further time. For victims, civil party constitution accelerates restitution where the defendant is solvent or assets are seized.

Does ILA work with foreign clients directly? Yes. We work directly with international clients and with their existing legal teams, in English, Spanish or Italian.

When to contact the firm

If you are facing a fraud case in Italy — as a victim or as an accused party — contact the firm. Early action shapes outcomes more than any other factor.

Request a confidential consultation — response within one hour. 24/7 emergency line available.