Checklist: what to verify before filing the opposition to a dismissal request

Ensure that the opposing party holds the status of offended person (persona offesa) and not merely that of damaged party. Lacking standing renders the opposition inadmissible under Art. 410 c.p.p.

Verify that 20 days have not elapsed since notification, or 30 days for crimes involving violence against the person, home burglary, or snatch theft. Exceeding this deadline results in the forfeiture of the right to oppose.

Verify the specific indication of the scope of requested supplementary investigations and supporting evidentiary elements. In the absence of specific investigative avenues, the Judge declares the motion inadmissible under Art. 410 c.p.p. and proceeds under Art. 409 c.p.p.

Ensure that requested investigations are relevant and not superfluous. The proposed investigations must be capable of supporting a reasonable prospect of conviction to be admitted.

Make sure to correctly cite the case numbers (R.G.N.R., R.G. G.I.P.) and the details of the dismissal request filed by the Public Prosecutor under Art. 408 c.p.p.

Verify the precise indication of existing or future evidence sources and the attachment of relevant documents. The absence of concrete evidentiary elements renders the opposition unfit to challenge the prosecutor's request.

Verify that the document is correctly addressed to the Judge for Preliminary Investigations (G.I.P.) at the competent Court. Errors in specifying the judicial authority may cause delays or filing defects.

Ensure the presence of the signature by defense counsel holding a special power of attorney (or by the victim personally), along with the date. Absence of a signature or special power of attorney results in the inadmissibility of the opposition.