Do you need to request an Italian criminal record certificate for China? You have come to the right place. This guide explains what a criminal record certificate is, where to request it in Italy, and the steps for its legal recognition in China.
The Criminal Record Certificate (known in Italy officially as “certificato del casellario giudiziale” and unofficially as “fedina penale”) is a document that lists whether the certificate holder has received any final convictions. In this regard, it is important to highlight two points:
1. The document does not include information regarding ongoing criminal proceedings. Should you require information on pending trials, you must request a Certificate of Pending Charges (Certificato dei carichi pendenti).
2. Not all convictions are listed on the certificate. In fact, some convictions are not visible due to a judge’s decision at the time of sentencing, because they fall under categories that are not disclosable on the certificate, or because a record-clearing process (pulizia del casellario) has taken place. In these cases, convictions are only visible by requesting a Record Disclosure (visura del casellario) or if the document is specifically requested by a judicial authority.
The criminal record certificate can be requested at any Italian Court (Tribunale). Before visiting a Court to obtain the document, it is necessary to inquire about the specific issuance procedures in place at that particular Court.
The procedure for the legal recognition of an Italian criminal record certificate in China requires the document to be legalized by affixing an apostille, as the Hague Convention is in force in both Italy and China.
In this case, to have the criminal record certificate recognized by the authorities in China, the document must be signed with an ink-wet signature by a Court official whose handwritten signature is registered at the competent Public Prosecutor’s Office (Procura della Repubblica) for the issuing Italian Court, so that the apostille stamp can be affixed to the document. The affixation of the apostille stamp certifies that the document is indeed a public document, as it was issued by an official whose signature is registered with a supervisory body of the issuing Country that authenticates said signature.
Following the affixation of the apostille, the document must also be translated into a language recognized by the destination Country like Chinese, unless it is already issued in one of those languages or in a format that includes one, in accordance with the translation requirements in force in that Country.
In cases where a translation is necessary, the simplest option is to have the translation done directly in China, as no further formalities would be required for its recognition. If it is not possible to have the translation done in China, the document can be translated in Italy by performing either a certified translation (traduzione certificata) or a sworn translation (traduzione giurata), a translation whose content is sworn before a Court, a Notary or a Giudice di Pace. Before proceeding with a translation in Italy, it is essential to verify with the receiving authority which type of translation is accepted and whether any additional formalities are required for its recognition.
Should you need assistance in requesting your criminal record certificate in Italy for China, please do not hesitate to contact us!
We can also assist with its apostille at the Public Prosecutor’s Office and/or its official translation.
We can also request other types of documents on your behalf from Italian Courts, such as certificates of pending charges and copies of court judgments.
Furthermore, we can assist with a wide range of administrative procedures at Courts, Prefectures (Prefetture) and Municipalities (Comuni) throughout Italy.
