Boating accidents and seized boats.
A collision, an injured swimmer or a Coast Guard check can turn a day at sea into a criminal case. The vessel may be seized and statements are often taken on the spot.
Reports, injuries and responsibility.
When someone is injured, the Coast Guard (Guardia Costiera) or the police report the facts to the Public Prosecutor. The person at the helm, the skipper, the owner or the rental operator may be involved, depending on what happened.
Injuries caused by negligence are a criminal offence (lesioni personali colpose), generally prosecuted only if the injured person files a complaint. If a person dies, the case is prosecuted in any event.
How a seizure can be challenged.
A boat or jet ski can be seized as evidence (sequestro probatorio) or as a precautionary measure (sequestro preventivo). The seizure record (verbale di sequestro) states which type it is and who ordered it.
The person concerned can ask the Public Prosecutor to return the vessel when it is no longer needed, and can challenge the seizure before the Court of review (Tribunale del riesame) within ten days (artt. 257, 263 and 324 c.p.p.).
The challenge examines whether the seizure is lawful and justified. It must be prepared quickly, starting from the seizure record and the order.
What to keep in mind at the scene.
You must give your identity. If you may be a suspect, statements about the facts should not be improvised: you have the right to remain silent and to be assisted by a lawyer.
Ask for a copy of every document you sign, especially the seizure record, and note which office carried out the check.
Frequently asked questions.
Can I get my boat back before the case ends?
Yes, if it is no longer needed as evidence and is not subject to confiscation. The request is made to the Public Prosecutor; a refusal can be challenged.
I rented the boat. Who is responsible?
It depends on the facts: the person at the helm, the skipper and the rental operator have different duties. The rental documents and the reports must be read first.
I have to leave Italy. What happens to the case?
It can continue while you are abroad. See visitors to Salerno and the Amalfi Coast.
General information. It does not replace a review of the documents or advice on a specific case.
Vessel seized or accident at sea?
Call or write in English and send the seizure record or the report you received.
Office in Piazza Umberto I, n. 1, 84121 Salerno, Italy. English-speaking criminal defence for visitors, residents and families abroad.