An investigation for the unauthorised practice of a profession can stem from an activity carried out without registration, a missing, suspended or revoked qualification, or even from doubts regarding which acts were genuinely reserved for a specific profession. The key issue is not merely the title given to the work performed: what matters is what was done, for whom, with what level of autonomy, and under what title.
In this guide, I explain when Article 348 of the Italian Criminal Code may apply, why a collaboration or working within an authorised structure does not automatically resolve the issue, and what differences can alter the analysis. We will also examine the consequences provided by law and the procedural options to consider without confusing an accusation, an entry in the register of suspects, and a conviction.
What Article 348 of the Italian Criminal Code Punishes
The offence concerns the unauthorised practice of a regulated profession. Article 348 of the Italian Criminal Code applies to anyone who practises, without the required qualification, a profession for which a special state licence is required. Therefore, it is not enough for an activity to be described as professional in everyday language: the legal system must require a specific qualification to perform it, and the contested conduct must fall within the practice of that profession. The text of the provision and its consequences can be consulted in Article 348 of the Italian Criminal Code on Normattiva.
The focal point is the specific activity. An accusation cannot be clarified by looking solely at a business card, a website page, or a declared qualification. A distinction must be made between the improper use of a title, material assistance provided to a qualified professional, and the personal performance of acts that the legal system reserves for, or specifically connects to, a given profession. This distinction affects the very existence of the contested fact.
The baseline penalty is combined. For the ordinary offence, the law provides for imprisonment from six months to three years and a fine ranging from 10,000 to 50,000 euros. The reform introduced by Article 12 of Law no. 3 of 2018 also provided for consequences that are added to the penalty in the event of conviction, including the publication of the judgment and the confiscation of items used or intended for the commission of the offence. The text published in the Official Gazette of Law no. 3 of 2018 allows one to read the provision that replaced Article 348 of the Italian Criminal Code.
Reserved Acts, Connected Acts, and Seemingly Similar Activities
Not every activity close to a profession constitutes the offence. In many work environments, collaborators, employees and staff perform tasks that support the work of a qualified person. Criminal relevance does not depend on the label given to the task, but on its nature: a purely executive or organisational activity does not automatically become unauthorised practice simply because it takes place in the same environment as a regulated profession.
Expressly reserved acts require particular attention. When the law reserves an act to those who possess a certain qualification, the performance of that act without the required requirement may be relevant even if it occurs only once. The case is different for acts that are not exclusively attributed to a profession, but represent a characteristic manifestation of it: in this case, the manner in which the activity is offered and carried out can gain weight.
Continuity, organisation and remuneration are indicators, not automatic formulas. The case law cited by the Court of Cassation distinguishes non-exclusive acts from acts carried out with characteristics that objectively present them as professional activities. For the latter, continuity, organisation and the onerous nature of the service become relevant. The criminal review of the Court of Cassation regarding United Sections no. 11545 of 2012 recalls this criterion: it is not a shortcut to classify every remunerated service as a crime, but a parameter to understand whether a seemingly free activity has been exercised as a protected profession.
The professional sector also changes the analysis. In the legal field, for example, the Court has deemed relevant an act performed in representation of an interested party when it is capable of affecting the course of a proceeding; it has distinguished this hypothesis from legal advice, which may become relevant if carried out with continuity. The principle is reported in the review of the Court of Cassation relating to judgment no. 47675 of 2023. This does not mean that every informal advice or help constitutes unauthorised practice: it is necessary to reconstruct the precise content of the intervention and its practical effect.
Missing, Suspended or Revoked Qualification: Why Context Matters
The absence of the title can take different forms. The accusation may concern someone who has never obtained the required qualification, someone who is not registered in the professional register when registration is necessary, or someone who practises despite a suspension, disbarment, revocation or other loss of effectiveness of the professional requirement. However, these are not interchangeable situations: the source of the obligation and the status of the title must be identified with precision.
The licence of the structure does not transfer the personal requirement. The Court of Cassation has stated, with reference to an activity carried out as an employee of a company holding a licence, that the existence of the company licence does not render irrelevant the lack of the professional qualification required of the person performing the activity. Judgment no. 41238 of 2025 highlights precisely this passage: what matters is whether the activity carried out by the person is typical of a protected profession and requires the relative title.
An assignment received from others is not enough to exclude liability. Anyone acting on the instructions of an employer, a manager or a qualified professional must distinguish the organisational order from the attribution of a power that the law personally reserves to a qualified subject. The employment contract, the internal delegation or the presence of a superior are important elements, but they cannot replace the qualification when it is mandated for the act concretely performed.
Consequences of the Accusation and Conviction
Being under investigation is not equivalent to being responsible. The registration of a report of a crime opens a verification phase and does not prove that the fact was committed nor that the initial legal classification is correct. Furthermore, the discipline of the register of crime reports establishes that mere registration cannot, by itself, produce prejudicial civil or administrative effects for the person to whom the offence is attributed. This principle is reported in Legislative Decree no. 150 of 2022, with amendments to Articles 335 and 335-bis of the Italian Code of Criminal Procedure.
A conviction may have additional effects beyond the penalty. Article 348 of the Italian Criminal Code provides for the publication of the judgment and the confiscation of things that served or were intended to commit the offence. If the convicted person regularly practises another profession or activity, the judgment is forwarded to the competent professional order, register or enrolment for the application of a ban from one to three years from that profession or activity. Transmission should not be confused with an automatic loss of work during investigations: the rule links that mechanism to the conviction.
A more serious form may be charged. The penalty increases to imprisonment from one to five years and a fine from 15,000 to 75,000 euros for the professional who has induced others to commit the offence or has directed their activity. In this hypothesis, a generic relationship between a professional and a collaborator is not sufficient: the instructions given, effective control, division of tasks and the role played in the contested activity become relevant.
Criminal Defense: Points That Can Change the Case
The first issue is identifying the contested act. A generic accusation, such as having carried out professional activities, does not explain by itself which conduct would be reserved nor at what time it would have been performed. To set up a defence, it is necessary to separate the episodes, verify who acted, what powers they exercised, and whether the act had effects towards third parties, clients, patients, offices or authorities.
The second point is the regulation of the profession involved. Article 348 of the Italian Criminal Code does not create the obligation of qualification by itself: it presupposes a profession for which that obligation exists. Therefore, it is decisive to identify the rule that reserves the act, the register or the title required and to establish whether, on the date of the fact, the person lacked it or possessed a still valid requirement. An activity permitted to a collaborator does not become illicit simply because it is carried out without the title of the person in charge.
The defense can concern the fact or the procedural choice. If the act is not reserved, if the title existed, if the conduct was described inaccurately or if the continuity required for activities that are merely characteristically professional is lacking, the issue is the non-existence of the offence or one of its elements. In other situations, without giving up the verification of the accusation, it may be necessary to evaluate alternative tools permitted by law and compatible with the personal position.
Probation is a possibility to be evaluated within the correct timeframes. Since the basic offence under Article 348 of the Italian Criminal Code provides for a maximum custodial sentence of three years, the offence falls in principle within the scope for which the defendant can request the suspension of the proceedings with probation (messa alla prova). It is not an automatic outcome: it requires an application, a programme and the judge's decision. Article 464-bis of the Italian Code of Criminal Procedure provides for different deadlines according to the ritual; waiting for a subsequent act without considering these deadlines can preclude the option.
Preserving useful documents avoids approximate reconstructions. Any qualification, communications from the professional order or competent body, the contract or assignment, instructions received, signed or filed documents, delegations and messages that clarify who decided and who executed can be important. It is not necessary to produce irrelevant material: the focus must be on documents showing the concrete nature of the activity and everyone's role.
Frequently Asked Questions
Can I be accused even if I did not receive any compensation?
Yes, compensation is not always necessary. If an act expressly reserved for a profession is contested, gratuitousness does not eliminate the problem by itself. For activities not exclusively reserved, however, compensation can be one of the elements that, together with continuity and organisation, make the activity appear as a professional exercise. The nature of the act performed always matters.
Does working for an authorised company protect me from the accusation?
No, not automatically. The authorisation or licence of the company may be relevant for the enterprise's activity, but it does not replace the personal title when a specific service requires the qualification of the person performing it. It is necessary to verify the actual duties, the necessary title and whether the worker exercised professional autonomy or support tasks.
Does using a professional title without performing reserved acts always constitute Article 348 of the Italian Criminal Code?
Article 348 requires the practice of the profession. Merely presenting oneself with a qualification does not prove by itself that abusive professional acts were performed. However, it may become relevant in other ways, for example as an element to reconstruct the appearance of an organised activity or in the context of different accusations. The charged fact must be read with precision.
Can I request probation for Article 348 of the Italian Criminal Code?
Generally speaking, the offence falls within the envisaged penalty limit. The request remains subject to the conditions of probation, personal preclusions and the deadline provided by the followed procedure. It is not an automatic outcome nor does it coincide with an acquittal, but it can lead to the extinction of the offence if the probation has a positive outcome according to the applicable discipline.
Does registration as a suspect automatically suspend my regular activity?
Mere registration does not produce this effect by itself. The law excludes that registration in the register of crime reports determines, by itself, unfavorable civil or administrative consequences. However, sectoral rules, measures by the competent authority or measures adopted in the presence of additional prerequisites remain possible. For this reason, it is necessary to distinguish the investigation from any specific acts received.
A Useful Clarification Before Choosing
It is not advisable to rely solely on the name of the activity. In disputes under Article 348 of the Italian Criminal Code, the answer depends on the act performed, the rule that reserves it, the validity of the title and the concrete methods by which the activity was proposed or organised. If you have received a notice, a summons or a document relating to facts that occurred in Milan, you can contact me to examine these elements and identify the defensive choices compatible with the situation.