Practical guide

How to draft a withdrawal of the complaint with AI

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

The withdrawal of the complaint (remissione della querela) is the primary mechanism to terminate criminal proceedings for offenses punishable only upon private party request. It acts as a ground for extinction of the offense (estinzione del reato) under Art. 152 of the Italian Criminal Code (codice penale), where the victim waives their right to prosecute.

In brief

The withdrawal of the complaint under Art. 340 of the Code of Criminal Procedure is the act by which the complainant revokes a previously filed request for prosecution. For it to extinguish the crime, it must be unconditional, occur before a final judgment, and be accepted by the defendant (querelato). Unless otherwise agreed, the law places procedural costs on the party withdrawing the complaint, requiring specific formalities for submission to the judicial authorities.

The steps

1.
Verification of prosecutability and timing
The first step is to ensure the offense is indeed punishable only upon complaint and that no final judgment (passata in giudicato) has been issued. The withdrawal can be procedural (made during a hearing) or extra-procedural. In the latter case, it must be drafted in writing and submitted either in person or through a special proxy (procuratore speciale). It is essential to confirm that the complaint is not legally irrevocable, as is the case for certain sex crimes where withdrawal is prohibited once filed.
2.
Identification of parties and proceedings
The document must include full personal details of the party withdrawing the complaint (querelante) and the defendant (querelato). You must accurately state the criminal proceeding number (R.G.N.R. or R.G. Dib.) and the specific offense. If the withdrawal only concerns certain charges or specific defendants, this must be explicitly stated to avoid ambiguity regarding the scope of the extinction effect, bearing in mind that withdrawal against one co-defendant extends to all under Art. 155 of the Criminal Code.
3.
Drafting the declaration of withdrawal
The core of the document is the explicit and unconditional declaration to withdraw the complaint. No conditions or terms should be attached, as they would render the withdrawal null and void. The language must be clear: the complainant declares they no longer have an interest in the criminal proceedings and waive any punitive claims. edit.legal helps generate standardized clauses that prevent disputes over the 'partial' or 'conditional' nature of the declaration, ensuring compliance with Art. 340 c.p.p.
4.
Regulation of procedural costs
Unless otherwise agreed within the document, procedural costs are legally borne by the party withdrawing the complaint (Art. 340, para. 4 c.p.p.). It is common practice, especially in out-of-court settlements, to agree that costs will be paid by the defendant or shared. This agreement must be expressly stated in the withdrawal or acceptance document. Without a specific clause, the judicial authority will automatically charge the costs to the party withdrawing the complaint, including court fees and notification expenses.
5.
Signature and filing of the document
The signature of the party withdrawing the complaint must be authenticated unless the document itself is delivered in person by the complainant before a public official (clerk or judicial police). If filed by a lawyer, the attorney must hold a special power of attorney (procura speciale) expressly granting the power to withdraw the complaint. The act must then be notified or communicated to the defendant for acceptance, which can be simultaneous or subsequent, but is always required to trigger the extinction of the crime.

Legal basis: Art. 152 c.p.Art. 155 c.p.Art. 340 c.p.p.Art. 339 c.p.p.

Mistakes to avoid

Forgetting to authenticate the complainant's signature when the document is filed by the lawyer.
Omitting the clause on the cost agreement, leaving the financial burden on the client withdrawing the complaint.
Submitting a withdrawal conditional upon payment of a sum, which renders the act null according to prevailing case law.
Lack of a specific special power of attorney for the withdrawal held by the signing lawyer.

Frequently asked questions

Can the withdrawal of a complaint be revoked?

No, the withdrawal of a complaint is an irrevocable act. Once the intent to withdraw has been validly expressed, it is not possible to change one's mind and reactivate the criminal proceedings for the same facts.

What happens if the defendant does not accept the withdrawal?

The withdrawal has no effect if the defendant (querelato) expressly or tacitly rejects (ricusa) it. This is because the defendant may have an interest in proving their innocence through a trial rather than relying on a ground for extinction.

What is the difference between a waiver and a withdrawal of a complaint?

The waiver (rinuncia alla querela) occurs before the complaint is filed, preventing the initiation of criminal action. The withdrawal (remissione) occurs after the complaint has been filed and the proceedings are already pending.

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 generation of the withdrawal act and the simultaneous acceptance report.
—Verification of the clause regarding the allocation of procedural costs to prevent unexpected fees.
—Preparation of the special power of attorney required for the lawyer to file the act.