Practical guide

How to draft a request for the Public Prosecutor to appeal under Art. 572 c.p.p. with AI

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

The request for the Public Prosecutor to lodge an appeal is a fundamental procedural tool for parties harmed by a crime. This guide explains how to structure a reasoned application to prompt action from the prosecuting magistrate.

In brief

Article 572 c.p.p. governs the power of the civil party (parte civile) and the injured person (persona offesa) to submit a reasoned request to the Public Prosecutor (Pubblico Ministero) to appeal a judgment. Since the Prosecutor has discretion in accepting this prompt, the document must be drafted with technical precision, highlighting errors of law or fact that the Prosecutor can adopt. The application must be filed within the Prosecutor's appeal deadlines, allowing the magistrate sufficient time to assess its merits.

The steps

1.
Verification of standing and deadlines
First, ensure the requester holds the status of parte civile or persona offesa. Acting promptly is essential: the request must be filed before the ordinary appeal deadlines for the Public Prosecutor expire. edit.legal assists in correctly calculating the deadlines under Art. 585 c.p.p., accounting for the time the magistrate needs to review the application and draft their own grounds for appeal.
2.
Analysis of the judgment and identification of flaws
Perform a critical analysis of the first or second-instance judgment. You must identify specific flaws in the reasoning (vizi di motivazione), violations of law, or incorrect evaluation of decisive evidence. The request should not be a generic complaint, but a technical presentation demonstrating the injustice of the decision. The goal is to provide the Prosecutor with a solid argumentative framework that facilitates their decision to appeal in the interest of justice.
3.
Structure and formal requirements of the request
The document must include the heading of the competent Public Prosecutor's office, the case references (RGNR and RG DIB), and the details of the judgment being challenged. Although the law mentions a reasoned request without imposing the strict templates of Art. 581 c.p.p., it is best practice to follow an orderly structure: factual background, legal grounds, and specific conclusions on the sections (capi) of the judgment to be appealed.
4.
Relationship between civil interests and punitive claim
If the request comes from the parte civile, it is appropriate to clarify why the Prosecutor's appeal is necessary alongside any independent appeal by the civil party under Art. 576 c.p.p. It is necessary to highlight how the judgment's flaws impact the defendant's criminal liability, as the Prosecutor appeals for the determination of the crime and the application of the penalty. edit.legal suggests how to balance these aspects to make the application more persuasive to the prosecuting body.
5.
Filing and subsequent requirements
Filing must take place at the office (segreteria) of the Public Prosecutor who exercised the functions in the instance concluded by the judgment. Sending via certified email (PEC) or physical filing with a receipt stamp is recommended to ensure the date of submission. After filing, it is useful to monitor whether the Prosecutor has actually submitted the notice of appeal, as in case of inaction, the civil party or the victim has no direct means of coercion.

Legal basis: Art. 572 c.p.p.Art. 576 c.p.p.Art. 581 c.p.p.Art. 585 c.p.p.Art. 121 c.p.p.

Mistakes to avoid

Filing the request after the deadline for the Public Prosecutor has expired.
Failure to specifically indicate the points of the judgment that are to be challenged.
Using an overly polemical tone instead of a technical and legal argument.
Confusing the request under Art. 572 c.p.p. with the civil party's independent appeal for civil interests only.

Frequently asked questions

Is the Public Prosecutor obliged to provide reasons for a refusal of the request?

No, the Public Prosecutor is not obliged to issue a formal refusal order or to provide reasons for the choice not to accept the prompt from the civil party or the victim.

Can an injured person who is not a civil party submit the request?

Yes, Art. 572 c.p.p. expressly grants this right to both the parte civile and the persona offesa, regardless of whether they have joined the proceedings as a party.

What happens if the request is submitted on the last available day for the appeal?

Although formally admissible, a late request risks being useless as the Prosecutor might not have enough time to draft and file their own notice of appeal.

Editorial oversight: Avv. Federico Papa·ICAMUpdated 22 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

—Automatic synthesis of the judgment's sections and points to identify logical inconsistencies.
—Generation of reasoned drafts based on previous orientations of the relevant Prosecutor's office.
—Automatic check of the Prosecutor's appeal deadlines based on the filing date of the reasoning.
—Support in distinguishing between grounds for civil interests and grounds aimed at the criminal punitive claim.