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Criminal penalties in Italy
Checked in October 2026 against the Codice penale (Regio Decreto 19 ottobre 1930, n. 1398) and Codice della strada, texts in force on Normattiva.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. We read the code in its original language and give the offences in plain English, with the legal term where it helps. For anything that matters, rely on the code itself. Not legal advice.
How Italy sets penalties
- For serious offences (delitti) the principal penalties are life imprisonment (ergastolo), reclusione (prison) and a fine (art. 17). Reclusione runs from 15 days to 24 years (art. 23). For lesser offences (contravvenzioni) the penalties are arrest and a fine.
- Most articles state a minimum and a maximum ('da sei a dodici anni'), and the judge fixes the sentence between them. The code's general rules on aggravating and mitigating circumstances then raise or lower it. For example, reacting in anger caused by another person's unjust act is a general mitigating circumstance (art. 62 no. 2).
- Where an article says the penalty is 'increased by a third', the tables say so, and do not work out the new figure.
- Fines in the code were set in lire and later converted or updated, so no fine amounts are shown, apart from drunk driving in the Codice della strada, which is in euros.
- A killing can carry a minimum penalty with no stated maximum (such as 'not less than 21 years'). The maximum for reclusione in art. 23 then applies.
Death penalty: No. The death penalty is abolished for all crimes (Article 27 of the Constitution).
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First-degree murder
Life imprisonment
Omicidio with premeditation, poison or an insidious means, or against an ascendant, descendant or spouse and others (Delitto (reclusione))
- Least
- No minimum term set by the statute
- Most
- Life imprisonment (ergastolo)
A penalty of 24 to 30 years' reclusione applies in some of the listed cases, such as a killing of a divorced spouse.
Omicidio with the aggravating circumstances of art. 576 (such as to hide another crime, by a fugitive, or with torture) (Delitto (reclusione))
- Least
- No minimum term set by the statute
- Most
- Life imprisonment (ergastolo)
Italy has one murder offence (omicidio, art. 575) and then lists circumstances that lead to life imprisonment: premeditation, poison or another insidious means, a victim who is a family member or partner, torture or cruelty, committing it to hide another crime, and others.
Second-degree murder
Not less than 21 years (up to 24 years)
Omicidio (killing a person) (Delitto (reclusione))
- Least
- 21 years
- Most
- 24 years (the longest reclusione, art. 23)
Voluntary manslaughter
6 months to 5 years (negligent killing) up to 10 to 18 years (death from blows)
Omicidio colposo (negligent killing) (Delitto (reclusione))
- Least
- 6 months
- Most
- 5 years
2 to 7 years where safety rules at work are breached.
Omicidio preterintenzionale (death caused by acts meant to beat or wound) (Delitto (reclusione))
- Least
- 10 years
- Most
- 18 years
Italy has no separate offence for a killing in the heat of passion. The mitigating circumstance of reacting in anger to another's unjust act (art. 62 no. 2) lowers the penalty for omicidio. 'Omicidio preterintenzionale' is a death caused by acts meant to beat or wound, with no intention to kill.
Robbery
3 to 10 years up to 6 to 20 years (armed, or by a group)
Rapina (taking property by violence or threat) (Delitto (reclusione))
- Least
- 3 years
- Most
- 10 years
Rapina with arms, by a disguised person, by several people together, or violence causing incapacity (Delitto (reclusione))
- Least
- 6 years
- Most
- 20 years
Rapina with two or more of those circumstances, or one of them with another aggravating circumstance of art. 61 (Delitto (reclusione))
- Least
- 7 years
- Most
- 20 years
Burglary
1 to 6 years (aggravated theft) up to 4 to 7 years (theft in a dwelling)
Furto aggravato (theft by force on things or fraudulent means, with arms, by several people, and others) (Delitto (reclusione))
- Least
- 1 year
- Most
- 6 years
Furto in abitazione (theft by entering a building or place used as a private dwelling, or its outbuildings) (Delitto (reclusione))
- Least
- 4 years
- Most
- 7 years
Italy has no offence named 'burglary'. Theft by entering a home or other private dwelling is its own offence.
Arson
6 months to 2 years (setting fire to damage) up to 3 to 7 years (incendio), 6 to 10 years (forest fires)
Danneggiamento seguito da incendio (setting fire to damage a thing, causing danger of a fire) (Delitto (reclusione))
- Least
- 6 months
- Most
- 2 years
If a fire follows, the penalty of art. 423 applies, reduced by one third to one half.
Incendio colposo (a fire caused by negligence) (Delitto (reclusione))
- Least
- 1 year
- Most
- 5 years
Incendio (causing a fire) (Delitto (reclusione))
- Least
- 3 years
- Most
- 7 years
Incendio boschivo (a fire in woods, forests or nurseries) (Delitto (reclusione))
- Least
- 6 years
- Most
- 10 years
2 to 5 years where caused by negligence.
Aggravated assault
6 months to 3 years (lesione) up to 6 to 12 years (the gravest results)
Lesione personale (an injury producing illness of body or mind) (Delitto (reclusione))
- Least
- 6 months
- Most
- 3 years
Prosecuted on the victim's complaint unless an aggravating circumstance applies.
Lesione personale grave (serious injury) (Delitto (reclusione))
- Least
- 3 years
- Most
- 7 years
Lesione personale gravissima (the gravest injury) (Delitto (reclusione))
- Least
- 6 years
- Most
- 12 years
Italy grades 'lesione personale' by the result. 'Lesione grave' includes a danger to life, an illness or incapacity for more than 40 days, or permanent weakening of a sense or organ. 'Lesione gravissima' includes an incurable illness, the loss of a sense, limb or organ, or permanent disfigurement.
Rape and sexual assault
6 to 12 years, increased by a third in the aggravated cases
Violenza sessuale (sexual violence) (Delitto (reclusione))
- Least
- 6 years
- Most
- 12 years
Violenza sessuale with the aggravating circumstances of art. 609-ter (Delitto (reclusione))
- Least
- No minimum term set by the statute
- Most
- The penalty of art. 609-bis, increased by one third
Increased by half where the victim is under 14, and doubled where the victim is under 10.
Italy has one offence, 'violenza sessuale': forcing a person by violence, threat or abuse of authority to perform or undergo sexual acts, or inducing them by exploiting their inferiority or by deceit. The aggravated cases include a victim who is a child of the offender, the use of weapons or drugs, and others.
Kidnapping
6 months to 8 years (sequestro di persona) up to 25 to 30 years (for extortion), and life if the victim is killed
Sequestro di persona (depriving a person of personal liberty) (Delitto (reclusione))
- Least
- 6 months
- Most
- 8 years
1 to 10 years against an ascendant, descendant or spouse, or by a public official abusing power. 3 to 12 years against a minor, and 3 to 15 years in the gravest cases.
Sequestro di persona a scopo di estorsione (kidnapping to obtain a profit as the price of release) (Delitto (reclusione))
- Least
- 25 years
- Most
- 30 years
30 years if the victim dies as an unintended result.
Sequestro di persona a scopo di estorsione where the offender causes the victim's death (Delitto (reclusione))
- Least
- No minimum term set by the statute
- Most
- Life imprisonment (ergastolo)
Embezzlement
Up to 3 years (appropriazione indebita), 6 months to 3 years (truffa, fraud)
Appropriazione indebita (appropriating money or a movable thing one possesses) (Delitto (reclusione))
- Least
- No minimum term set by the statute
- Most
- 3 years
Increased where the thing was held as a necessary deposit.
Truffa (fraud: obtaining an unjust profit through artifice or deceit) (Delitto (reclusione))
- Least
- 6 months
- Most
- 3 years
1 to 5 years in the aggravated cases of the second paragraph, such as harm to the State or a public body.
Italy calls it 'appropriazione indebita': keeping money or a movable thing one already possesses. It is prosecuted on the victim's complaint. Fraud (truffa) is shown beside it.
Forgery
6 months to 3 years up to 3 to 10 years (forged public acts by an official)
Falsità materiale commessa dal pubblico ufficiale in certificati o autorizzazioni amministrative (forged certificates or permits, by an official) (Delitto (reclusione))
- Least
- 6 months
- Most
- 3 years
Falsità materiale commessa dal pubblico ufficiale in atti pubblici (a false public act, by an official) (Delitto (reclusione))
- Least
- 1 year
- Most
- 6 years
The same, where the act is proof until it is shown to be forged (an act with special evidential force) (Delitto (reclusione))
- Least
- 3 years
- Most
- 10 years
Italy punishes forgery by a public official in public acts heavily. Forgery of a private writing (art. 485) was repealed in 2016 and is no longer a crime. A private person who commits the forgeries of arts. 476, 477 and 478 receives those penalties reduced by one third (art. 482).
Drunk driving, first offence
A fine and licence suspension (0.5 to 0.8 g/l) up to 6 months to 1 year of arrest and a fine (over 1.5 g/l)
Guida in stato di ebbrezza, 0.5 to 0.8 g/l (an administrative offence) (Administrative sanction, not a crime)
- Least
- No arrest
- Most
- A fine of 543 to 2,170 euros, and licence suspension of 3 to 6 months
Guida in stato di ebbrezza, over 0.8 and up to 1.5 g/l (Crime (arresto and ammenda))
- Least
- No minimum term set by the statute
- Most
- Arrest of up to 6 months and a fine of 800 to 3,200 euros, with licence suspension of 6 months to 1 year
Guida in stato di ebbrezza, over 1.5 g/l (Crime (arresto and ammenda))
- Least
- 6 months
- Most
- Arrest of 6 months to 1 year and a fine of 1,500 to 6,000 euros, with licence suspension of 1 to 2 years
The offence is in the Codice della strada. Italy uses three tiers by blood alcohol, in grams per litre (g/l). Only the second and third tiers are crimes. The licence is always revoked on a repeat offence within two years.
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