Checklist: what to check before filing a criminal complaint

Verify that the complainant is the victim (persona offesa) of the crime and not merely the injured party (danneggiato), pursuant to Art. 120 c.p. Lack of legal standing prevents the valid exercise of the right to file a complaint.

Ensure that three months have not elapsed (except for the special 12-month deadline for offenses under Art. 609-septies c.p.) from the day the victim obtained knowledge of the fact constituting a crime, pursuant to Art. 124 c.p. Exceeding this deadline results in final forfeiture of the right.

Ensure the presence of an explicit statement of intent demanding the prosecution and punishment of the offender. Absent this request, the document is reclassified as a mere report (denuncia), rendering it ineffective for offenses requiring a complaint.

Verify the complainant's personal details pursuant to Art. 337 c.p.p.; the omission of such data invalidates the document, whereas identifying the suspect is not a requirement for validity, as a complaint against unknown persons (contro ignoti) is permissible.

Ensure that the description of the facts is detailed and encompasses all essential elements of the conduct. A vague narrative hinders the correct legal qualification of the offense.

Verify the appointment of legal counsel and the election of domicile for service of process. The absence of these elements complicates the receipt of essential procedural communications.

If filing is performed via a designated agent or by mail, check that the signature has been duly authenticated. Failure to authenticate the signature results in the inadmissibility of the filed document.

Check that all documents and evidentiary sources cited are duly attached and numbered. The absence of attachments weakens the complaint's evidentiary weight and impairs the promptness of investigations.