How to request copies of the criminal file under Article 116 c.p.p.

The steps

1. 1.

   Verification of prerequisites and standing

   Before proceeding, it is necessary to verify the applicant's standing. Article 116 c.p.p. grants the right to anyone with an interest, not just procedural parties. However, the interest must be concrete and current. The defense counsel must obtain a specific appointment or special power of attorney if acting on behalf of a party not yet entered in the proceedings. It is also crucial to ensure that the requested documents are not covered by investigative secrecy under Article 329 c.p.p., as the request would otherwise be rejected.

2. 2.

   Preparation of electronic tools

   The filing of the request takes place via the Criminal Documents Filing Portal (PDP). The professional must have a valid digital signature, login credentials for the PST Giustizia portal (via SPID, CIE, or CNS), and a certified email address (PEC) registered in the ReGIndE. It is also necessary to have access to the pagoPA system for the subsequent payment of copy fees. It is recommended to check browser configuration and signature software updates beforehand to avoid blocks during upload.

3. 3.

   Drafting and signing the request

   The request must be drafted in native PDF format. The document must contain the indication of the judicial authority, the proceeding number, the applicant's details, the statement of the interest to act, and the precise list of documents requested. It is advisable to specify whether simple or certified copies are requested. The PDF file must be digitally signed by the defense counsel in PAdES or CAdES format, complying with the current ministerial technical specifications for the electronic criminal trial.

4. 4.

   Uploading on the Criminal Documents Filing Portal

   Access the PDP and select the filing function for the relevant proceeding. Fill in the fields required by the system, entering the parties' data and attaching the digitally signed request as the main document. Any attachments, such as the appointment or documents proving the interest, must be uploaded separately and digitally signed. During this phase, the system performs automatic checks on file formats. A frequent error involves uploading image scans instead of native PDFs for the main document, which results in rejection.

5. 5.

   Checking authorization and paying fees

   After submission, monitor the filing status on the PDP and wait for the authorization order from the Public Prosecutor or the Judge. Once the request is authorized, the clerk's office calculates the copy fees based on the number of pages and the type. The defense counsel receives the quantification and must proceed with the mandatory electronic payment via the pagoPA platform integrated into the PST Giustizia portal. The electronic receipt generated by the system constitutes proof of payment.

6. 6.

   Release and download of copies

   Following the verification of payment, the clerk's office or secretariat proceeds with the release of the copies. In the electronic criminal trial, copies are generally made available for download directly within the electronic file on the PDP. In the case of documents not yet digitized or multimedia formats, it may be necessary to physically visit the clerk's office for collection, by appointment. It is advisable to check the completeness and legibility of the downloaded files as soon as they are available.

Legal basis: Art. 116 c.p.p. (Copie, estratti e certificati)Art. 43 disp. att. c.p.p. (Rilascio di copie)Art. 329 c.p.p. (Obbligo del segreto)D.M. 4 luglio 2023 (Regole tecniche del processo penale telematico)