Spanish criminal record certificate for Italy: Apostille and translation
Spanish nationals and people who lived in Spain: Regulation (EU) 2016/1191, Apostille, multilingual form and translation into Italian.
October 12, 2026 · 4 min
You need to file a Spanish certificado de antecedentes penales in Italy — for citizenship by marriage, residence or another dossier — and it is unclear whether you need an Apostille, an EU form or a translation. There is no single answer: it depends on who you are, who issued the record and who receives it.
Two different situations
The Ministerio de Justicia issues the certificate that attests what appears in the Registro Central de Penados as at the date of issue. Spanish citizens can request it and, through various channels, so can foreign nationals who have resided in Spain.
It is not the same file. A Spanish citizen filing in Italy the certificate of their State of nationality falls, if the recipient is an authority of another Member State, within Regulation (EU) 2016/1191, which covers, among other things, the absence of a criminal record. A person of another nationality who has only lived in Spain may hold a Spanish certificate that covers the Spanish register: it does not, on its own, replace the certificate of the country of origin or of other residences. The wider picture is in foreign criminal records for citizenship by marriage.
No absolute rule
We do not claim that “Spain → Italy never needs an Apostille”, nor that “it always does”. The EU Regulation removes legalisation and Apostille for the categories and recipients it covers. Outside that perimeter — or if the receiving authority asks for something else — an Apostille or legalisation may still apply.
EU Regulation 2016/1191: what it covers and what it does not
The Regulation makes it easier to circulate certain public documents between Member States, including the absence of a criminal record, by dispensing with legalisation and Apostille. It does not cover every “criminal” sheet, nor every private use. Limits and categories are in the guide on EU public documents.
The circular of the Italian Ministry of Justice notes that the standard multilingual form for the absence of a criminal record in the State of citizenship is Annex XI. The form has no independent legal value: it accompanies the national certificate and is issued by an authority, not by a citizen who downloads it from the internet.
Translation into Italian
The multilingual form can reduce the need for a translation if the Italian authority accepts it as an aid to reading. That authority may still ask for a translation of the national certificate. In Italy, when that translation must take a procedural form, the route is a sworn translation, not a plain translation.
| Scenario (example, not automatic) | Apostille | Translation |
|---|---|---|
| Spanish citizen, certificate + Annex XI, Italian authority within the Regulation | As a rule no, if the Regulation applies | The form may suffice; the authority may still ask for a translation |
| Use outside the EU perimeter / a recipient that does not apply the Regulation | An Apostille or legalisation may be needed | Often a translation into Italian |
| A foreign national who has only resided in Spain | Check case by case | Check; the Spanish certificate does not, on its own, close other countries |
Citizenship by marriage or by residence
For art. 5 (marriage) and art. 9 (residence), Prefettura and consular instructions ask for criminal-record certificates that are legalised/apostilled and translated, valid for six months from the date of issue — not from the Apostille or the translation. Those instructions should not be read as if the EU Regulation did not exist: if your case falls under 2016/1191, compare it with what the office receiving the file writes. London’s instructions do not apply automatically to an application filed at a Prefettura in Italy.
The citizenship application in Italy (Modello A, art. 5) is described in citizenship by marriage in Italy.
How ItaloDocs can help
- You already have the Spanish certificado de antecedentes penales
- You know (or are checking) whether the Italian recipient asks for a translation
- You request a quote for the sworn translation into Italian
Need the Spanish certificate translated into Italian? Request a quote.
Frequently asked questions
I am Spanish: will Italy accept the certificate without an Apostille?
If the recipient is an authority of a Member State and the document falls under Regulation 2016/1191, that Regulation does not require legalisation/Apostille. Confirm it anyway with the office that receives the file.
I have only lived in Spain; I am not Spanish. Is this certificate enough?
Usually not, on its own. It may cover the Spanish register. Origin, other citizenships and other countries of residence still need checking with the competent authority.
