reati

Reati is the Italian term for criminal offenses defined by the penal code and other criminal statutes. A reato represents conduct that the law prohibits and punishes, and it is punishable by sanctions such as imprisonment, fines, or other penalties. The concept encompasses a wide range of illegal behaviors, from theft to homicide, and it applies to acts or omissions that the law treats as wrong.

In Italian criminal theory, a reato typically requires several elements. First is the factual element (fatto tipico), the concrete conduct described by law. Second is illegality (antigiuridicità), meaning the conduct violates a criminal norm. Third is culpability (colpevolezza), which concerns the offender’s mental state, such as intent (dolo) or negligence (colpa). Some offenses may involve strict liability, where fault is not required. The criminal system also considers the capacity to be imputable and the possibility of defenses that negate responsibility.

Classification and prosecution practices have evolved over time. Traditionally, offenses were grouped as delitti (more serious crimes) and contravvenzioni (less serious offenses), but the contemporary Italian use of reato covers offenses across the spectrum. Some reati are perseguibili d’ufficio (prosecuted automatically by the public prosecutor), while others require a denuncia or querela (a complaint) to initiate action. In addition, some offenses are committed by corporations, which may bear liability under specific statutes such as Legislative Decree 231/2001, alongside individual responsibility.

Overall, reati form the core category of criminal liability in Italy, guiding how illegal conduct is defined, prosecuted, and sanctioned.