Witnesses in Italian criminal trials are entitled to reimbursement for expenses incurred due to their appearance in court. These reimbursements, including travel, accommodation, and daily allowances, are regulated under the Consolidated Text on Justice Costs (D.P.R. No. 115/2002), specifically Articles 45 to 48.
In practice, however, the reimbursement process is complex and often not worth pursuing due to bureaucratic hurdles (unfortunately).
Important Notes for witnesses in an Italian criminal trial:
• Appearing as a witness if one received the official summon is a legal duty under Italian law. Failure to appear (“no-show”) may result in a fine and, in some cases, even forced appearance (if the witness resides in Italy).
• Hearings in Italy are frequently postponed or delayed, sometimes without prior notice. It is strongly recommended to confirm the hearing through every possible channel before traveling.
• Upon arrival in the courtroom, witnesses should immediately approach the prosecutor or judge to notify their presence and request further instructions.
• If the witness does not speak Italian, the court must be informed in writing in advance to ensure that an interpreter is summoned.
1. General Reimbursement Rights
Non-resident witnesses are entitled to reimbursement for travel expenses, covering round-trip transportation costs equivalent to the price of a second-class ticket on public transportation services or the economy-class airfare, provided that the latter has been requested in advance and authorized by the judicial authority.
If no such transportation services are available, the reimbursement will be calculated based on the fare to the nearest location where a public transport service exists.
Additionally, witnesses are entitled to:
• €0.72 per day for travel time.
• €1.29 per day for accommodation expenses at the location of the hearing.
The accommodation allowance is granted only if the witness is required to stay away from their place of residence for at least one full day, in addition to the days of departure and return. Only for witnesses traveling from abroad, an additional reimbursement for one night’s accommodation may be granted.
Witnesses summoned to appear in court may request reimbursement for:
• Travel Expenses:
Costs for public transportation (e.g., train, bus) are covered. If private transportation is used, a mileage allowance is provided based on official rates. Airfare may also be reimbursed under specific conditions (see Section 2).
• Daily Allowance (Per Diem):
Witnesses are entitled to compensation for income lost due to court appearances. The amount depends on the witness’s role and the duration of their participation (see Section 3).
• Accommodation Costs:
If an overnight stay is necessary, hotel expenses are reimbursed within legal limits if the court approved the cost.
2. Reimbursement for Flights and Hotels
Witnesses traveling significant distances, particularly internationally, are entitled to reimbursement for airfare and accommodation costs:
• Airfare:
Economy-class tickets are reimbursed. Higher-class tickets (e.g., business class) are only covered under exceptional circumstances, such as medical needs or lack of availability in economy class.
•Witnesses must provide original flight tickets, e-tickets, and boarding passes as proof.
• Hotel Expenses:
Hotel costs are reimbursed up to €150 per night, depending on the region and necessity. For major cities (e.g., Rome, Milan), higher limits may apply with adequate justification. Additional small expenses (e.g., breakfast) may be covered if included in the hotel bill.
3. Daily Allowance (Per Diem)
Witnesses receive a daily allowance to compensate for time spent traveling, attending court, and returning home:
• Standard Witnesses:
A lump sum per day (around 1 (one) euro per day.
• Self-Employed or Professional Witnesses:
May claim a higher allowance if they can prove a substantial income loss. Amounts can reach up to €100 per day.
• Expert Witnesses:
Expert witnesses (e.g., technical or professional advisors) may receive tailored compensation based on the complexity of their involvement; they have to be paid by the defendant or plaintiff.
4. Application Process
To request reimbursement, witnesses must:
1. Obtain official attendance certificate the same day of appearance and later on submit a formal request to the court’s administrative office.
2. Provide proof of expenses, such as receipts, tickets, and invoices.
3. Present documentation of income loss (e.g., employer statements, income records).
The administrative office evaluates the application and processes reimbursement promptly after approval; timing is uncertain and can require even more time if the bank account is not Italian.
Required documents (keep always copy of what you submit):
1. Reimbursement Request with certification of the witness’s attendance issued by the Court Clerk present at the hearing (don't forget to ask fo it!).
2. Witness Summons with the original or a copy of the notification and related proof of service.
3. Round-trip Travel Documents, better in original. The Ministry of Economy and Finance has stated that, in the absence of the travel ticket, expenses may be reimbursed on an exceptional basis only in cases where it is objectively impossible to produce the ticket (e.g., due to loss or use of non-scheduled transport, etc.), based on appropriate documentation, such as a substitute declaration of affidavit submitted by the witness in accordance with Article 47 of Presidential Decree 445/2000.
4. For Use of Private Transportation, a completed affidavit must be accompanied by a valid identity document.
5. Authorization for Air Travel, if applicable, must be requested in advance from the court.
5. Legal Framework
The rules governing witness reimbursements are outlined in the Consolidated Text on Justice Costs (D.P.R. No. 115/2002):
• Article 45: General reimbursement regulations.
• Article 46: Income loss compensation.
• Article 48: Payment procedures.
6. Key Points
Witnesses who fail to appear in court without valid justification forfeit their right to reimbursement.
Voluntary appearances without a formal summons are not automatically eligible for reimbursement.
7. Frequently Asked Questions (FAQs)
Q: Can I claim higher hotel costs if I stay in an expensive city like Milan or Rome?
A: Yes, with proper justification, hotel costs exceeding €150 per night may be covered in cities with higher living costs.
Q: What documents are required for airfare reimbursement?
A: You must provide original tickets, e-tickets, and boarding passes.
Q: How is the daily allowance calculated for self-employed individuals?
A: Self-employed individuals must provide evidence of income loss (e.g., financial records or a professional declaration) to claim a higher daily allowance. there is no specific case law, so one should not count on it.
Disclaimer:
This information is for general guidance only. For specific cases, please contact the relevant court administration or a qualified criminal defense attorney for tailored advice.