The Cartabia Reform has changed several stages of preliminary investigations, from the registration of the notice of crime to the decision by which the public prosecutor requests the dismissal of the case or exercises criminal action. If you are involved in a proceeding, you may wonder when deadlines begin, what the registration of your name entails, or how to use the notice of conclusion of investigations.

As a criminal lawyer in Milan, I want to help you place each act in its respective phase and distinguish consequences that are often confused. The expiration of investigations does not automatically result in dismissal, just as registration is not equivalent to a declaration of guilt. We will see what changes for the suspect and for the victim, which facts affect the deadlines, and what initiatives can be considered.

Which rules apply to preliminary investigations

The main reform is contained in Legislative Decree No. 150 of October 10, 2022, which entered into force on December 30, 2022. The intervention amended, among other things, the criteria for registering the notice of crime and the suspect's name, the duration of investigations, the rule for requesting dismissal, and the tools against the inertia of the public prosecutor.

The original framework was amended by Legislative Decree No. 31 of March 19, 2024, which entered into force on April 4, 2024. The 2024 corrective decree published in the Official Gazette mainly modified the rules concerning the phase following the expiration of investigations and access to the file when the proceeding remains at a standstill.

The date of entry into force does not alone resolve every temporal issue. In proceedings initiated during the transition between old and new rules, it is necessary to consider the date of registration, the acts already carried out, and the transitional provisions. The procedural rules applicable to an older file may therefore not fully coincide with those described for proceedings initiated under the new rules.

Registration of the notice of crime and the suspect's name

The notice of crime and the name of the person involved are not necessarily registered at the same time. Article 335 of the code of criminal procedure requires that the notice represent a determined fact, not implausible and traceable, at least hypothetically, to a criminal offense. The name is registered when evidence emerges against an identified person.

A complaint may immediately indicate a possible perpetrator, but the mere presence of a name does not prove that evidence already exists. If individualizing elements emerge only after a technical assessment, the hearing of a witness, or the acquisition of documents, personal registration may follow the registration of the notice of crime. From this date, as a rule, the investigation deadlines run against the interested party.

Article 335-quater allows the suspect to ask the judge for backdating when the delay is unequivocal and unjustified. The request must identify the acts that already made registration mandatory and must be proposed within twenty days from when the person was able to learn of the elements demonstrating the delay. A generic dispute regarding the slowness of the proceeding is not sufficient. The rules introduced by the reform can be consulted in Article 15 of Legislative Decree No. 150 of 2022.

If the judge grants the request, they establish the date from which registration is deemed to have been made. Backdating does not automatically close the proceeding, but it can anticipate the expiration of investigations and affect the admissibility of acts performed subsequently. The correct starting date is therefore determined first; only afterwards are the effects on individual assessments verified.

The preliminary annotation introduced in 2026

In 2026, a distinct rule was introduced for cases where it appears evident that the act was committed in the presence of a justification cause, as may occur concretely when self-defense is put forward. In this hypothesis, the public prosecutor proceeds with a separate preliminary annotation, without immediately applying the ordinary nominative registration provided for by Article 335, paragraph 1-bis.

The interested person nevertheless retains the rights and guarantees of the suspect. Save for requirements connected to non-repeatable acts and evidentiary hearings, the rules establish specific deadlines for investigations and subsequent decisions. If the case proceeds to ordinary registration, the deadlines under Article 405 run from the previous annotation. This is a subsequent amendment to the Cartabia reform, introduced by Decree-Law No. 23 of 2026, converted by Law No. 54 of 2026, in the coordinated text published on April 24, 2026.

How long investigations last and when an extension is possible

The ordinary duration depends on the category of the offense. Article 405 of the code of criminal procedure provides for six months for minor offenses, one year for general crimes, and one year and six months for particularly serious crimes indicated in Article 407, paragraph 2. The starting point is normally the registration of the name of the person to whom the offense is attributed.

Before expiration, the public prosecutor may ask the judge for a single extension, not exceeding six months, when the complexity of the investigations justifies it. In general terms, the maximum duration thus becomes one year for minor offenses, one year and six months for other crimes, and two years for those falling under the special catalog of Article 407. The text of Article 405 of the code of criminal procedure makes it possible to verify the initial deadlines.

The calculation does not consist merely of counting months. It may be affected by backdating of the registration, the need for a criminal complaint or authorization to proceed, an extension order, and the classification of the fact as a minor offense, ordinary crime, or crime included in Article 407. It is also necessary to distinguish the date of the complaint from that of nominative registration: the two dates may not coincide.

Investigative acts performed beyond the legal or validly extended deadline may be inadmissible, barring activities permitted by the rules on the conclusion of investigations. Inadmissibility concerns the single late-acquired material: it does not extinguish the offense, does not cancel the registration, and does not alone produce a dismissal. The proceeding must still receive a concluding decision.

Dismissal, criminal action, and proceedings left at a standstill

At the end of the investigations, the public prosecutor must choose whether to request dismissal or exercise criminal action. Dismissal must be requested when the collected evidence does not allow for a reasonable prediction of conviction. The question is not whether a suspicion still exists, but whether the available material can sustain the accusation in trial, also considering elements favorable to the defense.

If instead they believe the accusation can be sustained, the public prosecutor exercises criminal action according to the form provided for that proceeding. The transition to trial does not imply that the accusation is already proven: it means that a charge is formulated upon which the judge must rule in adversarial proceedings between the parties.

The victim who has requested to be informed receives, in the foreseen cases, notice of the dismissal request. They can present an opposition indicating the object of further investigations and the relative sources of proof. It is not enough to state that one disagrees with the dismissal: it is necessary to explain what concrete investigation is missing and why it could affect the decision.

The public prosecutor must make their determinations within the deadlines of Article 407-bis: generally speaking, three months from the expiration of investigations, increased to nine months for proceedings relating to offenses indicated in Article 407, paragraph 2. Nor does the expiration of this deadline produce an automatic dismissal, but it makes the remedies against stagnation provided by Article 415-ter applicable.

When the public prosecutor does not notify the notice of conclusion, does not exercise criminal action, and does not request dismissal, the investigative documentation must be filed according to the conditions established by law. The suspect and the victim who has requested to be informed may obtain the intervention of the judge. The judge may order a decision to be made, but does not predetermine its content.

The notice of conclusion of investigations provided by Article 415-bis

The notice of conclusion of investigations is not a conviction and is not equivalent to a committal for trial. The public prosecutor notifies it, before the expiration of the investigative deadline, when they do not intend to request dismissal. The act contains a summary description of the fact, the norms allegedly violated, and the date and place of the contested conduct.

With the notice, it is communicated that the investigative files have been filed and can be examined by the defense. Knowledge of the file makes it possible to compare the provisional accusation with the evidence actually gathered. An apparently precise charge may be based on incomplete elements; conversely, a concise notice may refer to articulated investigative material.

Within twenty days, the suspect can submit briefs and documents, file the results of defensive investigations, request further assessments, and ask to be interrogated. If the request for interrogation is timely, the public prosecutor must proceed with it. These faculties are governed by Article 415-bis of the code of criminal procedure.

Defensive initiatives are not interchangeable. A brief is useful for connecting documents and legal arguments; interrogation allows answering questions, but immediately exposes the suspect's version to confrontation with the prosecution's acts. The request for new investigations must instead indicate a pertinent and concretely achievable assessment. The public prosecutor is not obliged to accept every requested approfondimento.

How to choose the initiative suited to the stage of the proceeding

The first distinction concerns the moment in which you find yourself. During investigations, it may be relevant to verify the correctness of the registration, conduct defensive investigations, or discuss an extension. After the 415-bis notice, access to files, briefs, interrogation, and requests for assessments become central. If the file remains at a standstill after deadlines, the remedies of Article 415-ter must be considered.

For the victim, the possibilities are different: asking to receive notices provided by law, transmitting pertinent documents, requesting information on the status of the proceeding after six months from the complaint or criminal complaint, and opposing a dismissal request. Requesting information is not equivalent to accessing all acts, because investigative secrecy operates during investigations.

To understand the phase, communications relating to registration, any extension decrees, the 415-bis notice, dismissal requests, and notifications received are particularly useful. Dates serve to reconstruct the sequence, while the content of the acts clarifies which remedy is pertinent. A motion that is correct at the wrong time may be premature; a generic request may not produce the desired effect.

Frequently Asked Questions

Does registration in the register mean I will be tried?

No, registration does not automatically entail a trial. As a rule, it indicates that clues have emerged justifying investigations against a person. At the end of the investigations, the public prosecutor can request dismissal or exercise criminal action. Responsibility is established only by the judge according to the rules of the proceeding.

Can I challenge the date of my registration?

Yes, when the delay is unequivocal and unjustified. The request must indicate the acts from which it appears that clues were already available and must be presented within twenty days from when you were able to know them. It is not enough to observe that the complaint is prior or that investigations lasted a long time.

Upon expiration of deadlines, is the proceeding dismissed?

No, dismissal is not automatic. Expiration limits investigative activity and may render late acts inadmissible, but the public prosecutor must still decide whether to request dismissal or exercise criminal action. If they do not make their determinations, instruments against procedural stagnation can be activated.

Do I have to reply to the notice of conclusion of investigations?

You are not obliged to file a brief or request interrogation. Within twenty days, however, you can present documents and defensive investigations, urge specific assessments, or ask to be interrogated. The choice must be linked to the filed acts and the actual utility of the information you can provide.

How can I oppose the dismissal request?

The opposition must indicate further investigations and concrete sources of proof. Simple disagreement with the public prosecutor's evaluation is not enough. It is necessary to respect the deadline reported in the notice and explain which assessment is missing, how it can be carried out, and why it could modify the decision on dismissal.

Can the victim consult the entire file immediately?

Not always, because investigative secrecy operates during investigations. After six months from the complaint or criminal complaint, they can ask for information on the status of the proceeding, but this is not equivalent to full access to the files. Consultation becomes possible at the times and with the limits provided by law, for example after a dismissal request.

Reconstructing the phase before choosing how to intervene

Registration, type of offense, extensions, and notified acts determine the applicable rule. If you have received a communication regarding preliminary investigations and want to understand its effects, you can contact me in Milan bringing the available acts. I will help you place them in the correct procedural sequence and identify pertinent options, without anticipating outcomes that depend on the content of the file.