Practical guide

How to draft a request for accompagnamento coattivo (compulsory appearance) under Art. 133 c.p.p. with AI

3 min read · Updated September 2026 · Editorial oversight: Avv. Federico Papa

The accompagnamento coattivo (compulsory appearance), governed by Art. 133 of the Codice di Procedura Penale (Italian Code of Criminal Procedure), is a fundamental tool to ensure the effectiveness of criminal jurisdiction. It allows the judicial authority to bring individuals who, despite being duly summoned, fail to appear without a legitimate excuse.

In brief

The request for accompagnamento coattivo (compulsory appearance) under Art. 133 c.p.p. concerns testimoni (witnesses), periti (court-appointed experts), consulenti tecnici (technical consultants), interpreti (interpreters), and custodi (custodians). The application requires proof of proper service of the citazione (summons) and the subject's failure to appear. The request must be reasoned and may include a petition for the non-appearing party to be fined in favor of the Cassa delle Ammende (Fines Fund).

The steps

1.
Verification of the notifica della citazione (proper service of summons)
Before drafting the request, it is essential to verify that the citazione a comparire (summons) was properly served on the recipient. Proof of service must be present in the case file. Without legal certainty of the service, the judge cannot order the compulsory appearance, as the prerequisite of a conscious disobedience to the judicial order would be missing.
2.
Assessment of non-appearance and lack of excuse
It is necessary to formally record the subject's absence at the specified time and place. The lawyer or Pubblico Ministero (Public Prosecutor) must also verify that no notice of legittimo impedimento (legitimate impediment), such as a medical certificate, has been received. Only in the absence of a timely and documented justification can the request proceed, highlighting that the failure to appear is unjustified.
3.
Identification of procedural role and necessity
The motion must clearly specify the role of the individual and the importance of their presence for the completion of the procedural act or the istruttoria dibattimentale (trial stage for taking evidence). It should be emphasized that the testimony or activity is relevant for the court's decision and that the delay caused by the absence prejudices the principle of reasonable trial duration.
4.
Drafting the request for a financial penalty
Pursuant to Art. 133 c.p.p., in addition to the compulsory appearance, the judge may order the individual to pay a fine ranging from 51 to 516 Euros to the Cassa delle Ammende. It is professional practice to expressly include this request in the motion, urging the judge to exercise this sanctioning power to deter dilatory conduct.
5.
Drafting the decree for accompagnamento coattivo
If the request is granted, the judge issues a reasoned decree. If assisting the judicial authority, the document must include the order for the polizia giudiziaria (judicial police) to locate and bring the individual, by force if necessary, before the court. edit.legal can assist in generating the draft of this decree, ensuring it contains all references necessary for law enforcement execution.

Legal basis: Art. 133 c.p.p.Art. 132 c.p.p.Art. 142 disp. att. c.p.p.Art. 496 c.p.p.

Mistakes to avoid

Failure to attach proof of service of the summons.
Requesting compulsory appearance for the defendant by erroneously citing Art. 133 instead of Art. 132 c.p.p.
Omitting the request for the financial penalty in favor of the Cassa delle Ammende.
Filing the request when a legitimate impediment has already been communicated via PEC.

Frequently asked questions

Can compulsory appearance be ordered for the defendant?

For the imputato (defendant), Art. 132 c.p.p. applies, limiting its use to cases where their presence is necessary for evidence other than examination, such as identification or confrontation. Art. 133 c.p.p. is specifically dedicated to other procedural participants.

What happens if the witness appears before the execution?

If the individual appears voluntarily before the order is executed, the compulsory appearance order loses its effect, without prejudice to any fine already issued by the court.

Can the compulsory appearance last for multiple hearings?

No, the subject may be detained only for the time strictly necessary to perform the act for which the appearance was ordered and, in any case, for no longer than twenty-four hours.

Editorial oversight: Avv. Federico Papa·ICAMUpdated 17 September 2026Content drafted with AI support and subject to editorial source checks. Despite these controls, inaccuracies may remain: reports and rectification requests are welcome. Report a correction

What edit.legal automates

—Automated verification of summons data compliance with court registry records.
—Instant generation of the request based on the absence recorded in the hearing minutes.
—Preparation of the draft compulsory appearance decree with standard law enforcement clauses.
—Automatic calculation of the applicable financial penalty amounts within legal limits.