Judgments
Translation of pretrial detention order in extradition proceeding is mandatory (Cass. 40153/24)Under Italian law, the order of pretrial detention in extradition proceedings has to be translated in writing for non Italian speaking defendants.
Judgments
Refugee cannot be extradited to home country (CA Turin, 73/24)Extradition of a third-country national beneficiary of refugee status ios precluded under Italian and EU law as long as the conditions for enjoying that status are met.
Useful Information
The principle of specialty in international extraditions: can a dubious interpretation by US Courts ban extradition?US interpretation of sepcialitz principle imn international extradition cass can be a ban for extradition.
Judgments
Negative police records do not prevent Italian citizenship (TAR LAzio, 18643/24)Judgments
Deportation of asylum seekers form Italy to Albania is unlawful if .. (Rome Court, 42256/24)Judgments
Italy needs to recognize EU bis in idem (Cass. 36539/24)Judgments
Diplomatic assurances allow extradition to Ukraine (Cass. 36440/24)Diplomatic assurances consent extradition to Ukraine: despite the ongoing war conflict, it has been assured that international human rights treaties are fully respected in the territories of Ukraine.
Judgments
War in Ukraine does not ban extradition with diplomatic assurances (Cass. 36440/24)War in Ukraine does not ban extradition, since war is a general situation existing in the extradition requesting state not affecting the defendant because of the guarantees that the judicial authority of that requesting state has provided regarding the individualizing detention treatment that will be assured to the extradite in a penal institution that is currently located in an area not directly affected by the war events.
Judgments
EU compensation for victims of violent crimes: who are the victims? (Cass.26492/2021)Does Council Directive 2004/80/EC of April 29, 2004, “relating to compensation to crime victims” include all the family members of the deceased victim of the violent intentional crime?
Judgments
Extradition request does not prevent recognition of a foreign decision (Council of State, 7504/24)Extradition request does not prevent recognition of a foreign decision under Italian extradition rules: on the opposite, if the latter is accepted, it prevents extradition.
Judgments
EAW for investigation purposes is disproportionate (Cass. 32999/24)European Arrest Warrant issued exclusively for the purpose of subjecting the person requested to surrender to acts of investigation (in this case, interrogations and confrontations) cannot be executed.
Judgments
Flight risk in extradition proceedings (Cass. 23632/24)Floight risk in extradition proceedings must rely on concrete, specific and revealing elements of a real propensity and possibility of clandestine departure by the extradite.
Judgments
Interpol arrest and pretrial detention are unlawful if extradition carries risk of death penalty (Cass. 22945/24)Extradition arrest and pretrail detention in Italy for a Interpol Red Notice is unlawful when the requesting State could sentence to death.
Judgments
Does unfair compensation of interpreters affect fairness of the trial? (Tr Firenze, April 24)Judgments
Petruhhin doctrine bans extradition without consulting EU state of citizenship (Cass. 21955/24)Judgments
Right to translation of pretrial detention order for foreign defendants (Cass. SSUU, 15069/24)Judgments
Russian-Ukrainian war does not prevent extradition to Moldova (Cass. 14883/24)Fundamental rights are not affected in an extradition to Moldova since detention institutions are not directly affected by war events.
Judgments
Use of SKY ECC encripted messagging under Italian law (Cass. 13535/24)Usability of encrypted content gatherend aboraid and transmitted throug an EIO depends ont how the foreign authority had acquired the conversations, since under Italian criminal procedure, usability of content of ECC / Encrochat encrypted messaging is not always a "documentary evidence" which can be used whithout any restriction.
Judgments
Disproportionate and risk for fundamental rights: EAW rejected (Milan Court, 2023)Surrender in European arrest warrant proceeding has to be rejected if fundamental rights are at risk and EAW is disproportionated.
Judgments
Hungary fails to protect fundamental rights: EAW rejected (Milan Court, 2024)Hungarian EAW should be rejected for failure to respect fundamental rights regarding detention conditions, lack of language assistance, and violation of private and family life.
Judgments
Rescission of in Italian absentia conviction in EAW proceeding (Cass. 9953/24)In an EAW proceeding, the request for rescission of the judgment for being tried in absentiaIn Italy needs to be filed within a thirty-day time limit for the knowledge of proceeding, not from the time when the convicted person had complete knowledge of the acts of the trial and the final judgment; in the event of particular complexity of the procedural matter, to the possibility for the same person to request the return within the time limit to exercise the right to extraordinary appeal.
Judgments
War in Ukraine bans extradition (Bolzano Court, 2024)Judgments
Extradition denied for war in Ukraine (CA Reggio Calabria, 14/2023)Extradition to Ukraine for common crime is prevented by detention conditions and the impossibility - due to the war - of a fair trial.
Judgments
Conjugal visits in prison upheld dignity and rehabilitation (Italian Const. Court, 10/24)Judgments
No Italian house arrest in EU (Cass. 2764/24)Judgments
Client is responsible for attorneys' mistakes in requesting retrial (Cass. 5983/24)In absentia convicted, mnon Italian speaking and detained abroad: client is still responsible for attorney's mistakes in requesting in absentia conviction retrial.
Judgments
Defendant must raise inhuman detention conditions in first instance (Cass. 47148/23)If defendant fails to address in the first instance judgment inhuman and degrading detention conditions in requesting state in an extradition proceeding, Supreme Court cannot take the ban into consideration.
Judgments
Extradition denied to Ukraine: no fair trial rights (French Supreme Court, 2023)In an extradition proceeding to Ukraine, there are serious and proven grounds for believing that who is surrendered to Ukraine would be exposed to a real risk of flagrant denial of justice under the provisions relating to pre-trial detention resulting from the martial law in force and the situation of armed conflict prevailing in Ukraine, such as to profoundly disorganize the judicial system and prevent the progress of the proceedings.
Judgments
Legality check of SKY-ECC evidence is mandatory (ITA Supreme Court 44154/23)Acquisition wuth an European investigation order EIO: national judge of the executing state must check admissibility and use of the evidence.
Judgments
Torture charges allow in absentia proceeding (Italian Constitutional Court, 192/23)The assessment of torture charges in a public criminal trial meets a constitutional and supranational obligation: the uncooperative conduct of one's own State in the notification of the trial legitimises a trial in absence, without prejudice to the right of the accused himself to a new trial in presence for the re-examination of the merits of the case.
Judgments
Italian bail for asylum seekers to avoid detention violates EU law (Catania Court, 29/9/23)The bail required by the Italian government from asylum seekers from so-called safe countries to avoid detention in a CPR is contrary to European law and should therefore be disapplied.
Judgments
Shortage of water and unpleasant odors, detention is inhumane (Cass. 39679/23)Judgments
Dead by assuming an overdose while under arrest: right to life violated (ECtHR, Ainis vs Italy, 23)Italian authorities’ failed to sufficiently and reasonably protect the life of the applicants’ relative who died of a drug overdose while in police custody.
Judgments
In absentia retrial has to be full (ECtHR, Shala vs Italy, 23)Italy violates fair trial rights not granting an effective fresh determination of the merits of the charges against who whas been convicted without effective knowledge of the trial in accordance with the requirements of Article 6 ECHR.
Judgments
Call asylum seekers "illegal immigrants" is discriminatory (Cass. 24686/23)It's discrimination to call asylum seekers "clandestini", illegal immigrants.
Judgments
Health risks legitimate EAW refusal (Constitutional court, 177823)Health risks legitimate refusal in European arrest warrant proceedings.
Judgments
Political persecution bans extradition (Cass. 31588/23)Political persecution and detention conditions ban extradition of a Kurd to Turkey.
Judgments
Ex officio check of detention conditions in EAW cases (Cass. 30578/23)Court must check ex officio the possible violation of Article 3 ECHR for detention conditions in the issuing state in Wueriopea Arrest warrant proceedings, because it relates to the protection of the fundamental rights of the surrendered person as recognised by the Constitutional Charter and the European Convention on Human Rights, even in the absence of a specific defense argument.
Judgments
Hearing without interpreter? It does'nt matter (Cass. 31431/23)It is lawful to validate the arrest of the foreign national who is not an Italian citizen even following the entry into force of Legislative Decree No. 32 of 4 March 2014, which implemented Directive 2010/64/EU on linguistic assistance, without first questioning him due to the impossibility of finding an interpreter in a timely manner, since this is a case of force majeure that does not prevent the judge from deciding on the legitimacy of the actions of the judicial police.
Judgments
In absentia retrial request before surrender is admissible (Venice Court, 2023)In in absentia convictions prior to 2014, the 30 days term from surrender to Italy for requesting retrial set in Italian Code of Criminal Procedure constitutes a favorable term as well as an additional guarantee with respect to the ordinary term of 30 days from the date of effective knowledge of the conviction: nothing precludes the defendant to file a retrial request before surrender within 30 days form arrest.
Judgments
Electronic messages are protected correspondence (Constitutional Court, 170/23)Electronic messages - e-mails, SMS, WhatsApp .. - represent a form of correspondence protected by Italian Constitution.
Judgments
Client lawyer confidentiality, essential in rule of law (ECtHR, Demirtas vs. Turkey, 2023)The right of every defendant to be effectively defended by counsel is one of the fundamental elements of a fair trial: the right of a defendant to confer with his or her lawyer outside the hearing of a third party is one of the elementary requirements of a fair trial in a democratic society and derives from Article 6 § 3 (c) of the European Convention of HR.
Judgments
Italian criminal procedure allows Encrochat and Sky-Ecc encrypted messaging without algorithm (Cass. 23999/23)Judgments
Defendant has the right to refuse personal information to investigation authorities (Costitutional Court, 111/23).Italian Constitutional Court stenghtend right to silence of the defendant in criminal proceedings which now covers personal information about the defendant as well.
Judgments
EPPO overrules jurisdiction refusal ground in EAW (Cass. 23941/23)EPPO intervention removes national optional refusal ground when the requested person is already being prosecuted in the Executing State for the same act.
Judgments
Double criminality in extradition procedures at the time of decision not of facts (Cass. 23940/23)Recognition of foreign criminal judgment required under international judicial cooperation EAW and extradition requires that double incrimination exist at the time of the Italian surrender / extradition decision, not tempus commissi delicti.
Useful Information
Italian prison system still violating fundamental rights (Antigone prison report, 2023)XIX report by Antigone about prison conditions in Italy: overcrowding, suicides, torture.
Judgments
Italian police officer convicted for blindfolding a suspect (Tr. Roma, 2832/23)Italian police officer convicted for having an American teenager blindfolded and handcuffed shortly after he was arrested on suspicion of killing an officer.
Judgments
Unlawful EAW pretrial detention has to be compensated (Cass. 20255/23)Unlawful pretrial detention of non executed European arrest warrant in Italy has to be compensated wihout any assessment of merits of the merits of the case.
Judgments
EAW refused: lack of proportionality (Milan Court, May 2023)In order to ensure a proportionate use of the trial-type European Arrest Warrant, it is necessary to consider the possible use of other judicial instruments available to the member states of the European Union and in particular I 'European Criminal Investigation Order (EIO).
Judgments
Italy has to compensate chain refoulement victim (Rome Court, May 2023)The practice of informal readmission (refoulement, or pushback) violates primary, constitutional and supranational norms and profoundly affects the legal sphere and freedom of the migrant, given that in the present case the applicant was stopped, detained, transferred to another place and handed over to the custody of the agents of a foreign country under the constant control of the authorities and without the possibility of evading the procedure ("chain refoulement").
Judgments
Asylum seekers in Italy risk inhuman and degrading treatment (Dutch Council of State, April 23)Asylum seekers in italy risk inhuman and degrading treatment with deprivation of their most important basic needs, such as shelter, food and running water.
Useful Information
Professional misconduct of defense attorney in international criminal cooperation: remedies?Wrong choice of Italian extradition lawyer can impact heavily on rights of the defendant: are there any remedies for professional misconducts?
Judgments
Italian in absentia conviction, rescission denied if defendant didn't take interest (Cass. 13051/23)Under Italian law, a in-absentia-convicted defendant may obtain the rescission of the judgment, if she/he proves that the absence is due to an non culpable lack of knowledge of the trial: art 629 bis Italian criminal procedure code rules that it's the convicted person who must prove that 1) she/he had no knowledge of the trial, and 2) that the lack of knowledge was not due to her/his fault.
Judgments
Appeal fails to rehear witnesses in overturning acquittal does not ban extradition (Cass. 11490/23)Failure to rehear direct witness by overturning first instance accqittal does not constitute a violation of one of the fundamental principles of the Italian legal system, relevant for banning extradition.
Judgments
EAW refusal of citizen: judgment to be enforced in Italy (Cass. March 2023)When an European Arrest Warrant is refused by an Italian court due to Italian citizenship or EU residence the judge has to recognize the judgment of issuing state for the eonfrocemxet of the sentence in Italy.
Judgments
EAW cannot be used for investigative purposes (Cass. 7861/23)In European Union law, the European Arrest Warrant may not be issued exclusively for investigative purposes, which are detached from the prosecution in the requesting state, since alternative instruments of European cooperation in the common legal space - like European investigation order - are provided for the pursuit of legitimate investigative purposes.
Judgments
Effective knowledge of trial has no exceptions even in Regeni torture and murder case (Cass. 5675/23)Defendants in a criminal trial have to be summoned properly in order to guarantee their right to a fair trial and lack of international diplomatic cooperation cannot justify an exception.
Judgments
Reticent information bans EAW surrender to Cyprus (Trento Court, /1/23)Reticent and incomplete information about prison conditions bans surrender in Cyprus investigative European Arrest warrant proceeding.
Judgments
Extradition denial and EU ne bis in idem (Cass. 9068/23)Without examination on the merits of the extradition request from another EU member state, a decision to dismiss is irrelevant for ne bis in idem.
Judgments
EU convictions and national criminal proceedings: FD 2008/675 in action (Cass. 3389/23)Framework Decision 2008/675/JHA on taking account of EU convictions does not imply automatic recognition of any foreign judgment of EU member states but makes legal effects of said judgments equivalent to those resulting from previous Italian national convictions in accordance with national law.
Judgments
Greek executive EAW rejected, Chania has inhuman detention conditions (Trento Appellate Court, 2/23)Greek executive EAW rejected, Chania prison has inhumane and degrading conditions due to overcrowding.
Judgments
Italian in absentia conviction: mutual legal assistance request regarding detention order and effective knowledge (Trieste Court, 23/1/23)Request of mutual assistance in serving an execution order to an attorney canno automatically leads to an effective knowkledge presumtpio of the in absentia conviction.
Judgments
Criminal judicial authority cannot verify qualification of interpreters and translators (2023)Judgments
Administrative sanctions for copyright violations ban criminal conviction for ne bis in idem (Rovereto Court,. 2/23)Copyrights violations sanctionend by an administrative fine cannot be punished twice (Engel criteria) with direct application of art 50 Charta.
Judgments
Unlawful detention in European Arrest Warrant case in Italy: compensation granted (Cass. 1422/23)Unlawful pretrail detention compensation in EAW.
Judgments
EAW, furnishings and detention conditions in Greece (Cass.1317/23)Furnishing space has to be deducted form individual space in detention: EAW rejected.
Judgments
EAW rules prevail on extradition rules in EU member states (Trento appellate court, 30.12.20022)Who is arrested in extradition proceedings that should have been treated as a European arrest warrant has to be released.
Judgments
Need for questioning allows European Arrest warrant (Cass. 46577/22)Poland's EAW for questioning defendant is legitimate under Italian law, and proportionality check for EIO is not necessary.
Judgments
Guarantee of non extradition: Interpol Nortice issuing State has to be summoned (Cons,. Stato, Nov,. 2023)Is an assurance of non extradition from the government possible under Italian law?
Judgments
Generic supplementary information in EAW proceeding? (Cass. 44015/22)The executing judicial authority in European Arrest Warrant cases cannot rely on generic information of issuing authority.
Judgments
Detention abroad and right to partecipate at an Italian criminal trial (Cass., 43200/22)The right to attend an own hearing is a fundamental requirement of a fair trial: if the defendant is detained abroad, the Italian trial should halt.
Judgments
Greek EAW supplementary information are insufficient to ensure human dignity (Bologna Court, 32/22)EAW to Greece should be rejected despite supplementary information regarding detention conditions.
Judgments
Extradition to China? Impossible (ECtHR, Liu vs Poland, 2022)Torture and other forms of ill-treatment are credibly and consistently reported to be used in Chinese detention facilities and penitentiaries hcich results in a ban for extradition.
Judgments
Ne bis in idem principle in Italian, European and International law (Cass. 32932/22)Tthe principle of ne bis in idem constitutes neither principle nor custom of international law, but, at most, a "tendential principle which inspires the international order today": but in the EU ..
Judgments
Diplomatic assurances allow extradition to Moldova (Cass. 32430/22)Moldovian diplomatic assurances allow extradition even if there are negative CPT reports.
Judgments
Extradition to US of an EU citizen (Cass. 31287/22)On extradition of an EU citizen to a third state (U.S.), the principles set forth in the CJEU Petruhhin, Pisciotti, and BY rulings should be applied by Italian courts, informing the state of EU citizenship, and - if necessary - verifying compatibility of detention conditions with right to health and right to treatment respectful of Article 3 of the EDU Convention.
Useful Information
Arrested for an European Arrest Warrant in ItalyArrested in Italy for an European Arrest Warrant: information and defense.
Judgments
Due process requires transparency of evidence gathering in SKY ECC proceeding (Cass, 32915/22)Sky ECC messaging can be used in Court only if its acquisition is transparent.
Judgments
Dismissal of the case and EU ne bis in idem effect in extradition proceedings (Cass. 27384/22)German dismissal of the case by the Prosecution grants an EU ne bis in idem effect and bans extradition to a third state.
Judgments
Refoulment for public security reasons: unlawful if torture risk (TAR Lazio, 7048/22)The forced expulsion of a foreigner, even for danger to public safety, is unlawfukl where it is likely that the expelled person is subjected in that country to torture, inhuman or degrading treatment.
Judgments
Diplomatic assurances and consequences of Russian withdrawal of ECHR (Cass. 18044/22)Consequences of the cessation of membership of the Russian Federation to the Council of Europe in Italian extradition proceedings.
Judgments
EPPO coordination prevents EAW denial due to pendency of domestic proceedings (Cass. 16561/22)The optional refusal to execute an EAW due to the pendency of criminal proceedings for the same facts cannot be validly opposed when the protective order issued in the context of proceedings involving crimes under the jurisdiction of the European Public Prosecutor's Office (EPPO).
Judgments
EPPO evocation bans optional refusal ground of an EAW for pending criminal proceeding (Cass., 16561/22)Evocation by EPPO bans EAW optional refusal ground of criminal investigation in the executing state.
Judgments
Opposing deportation to Lybia is not a crime: the Vos Thalassa case (Cass. 15869/22)Judgments
Proportionality check in Polish EAW case (ITA Supreme Court 14937/22)Plish EAW, fair trial is granted if there is no evidence of individual risk, but prportionality has to be checked.
Judgments
Protection of childhood in EAW: request for preliminary ruling (ITA Supreme Court, 15143/22)Does the EAW proceeding against a mother respect children and childhood? Preliminary ruling to Kirchberg.
Judgments
Diplomatic assurances from Russia have to be stronger in times of war (Cass., 10656/22)In times of war between russia and Ukraine, diplomatic assurances from Russia have to be particularly verified.
Judgments
Extradition, refugee status and subsidiary protection (Cass. 9682/22)Administrative decision about refugee status is not binding in extradition proceedings, but its reasoning has to be taken into account.
Judgments
Diplomatic assurances in extradition cases have to be verified (Supreme Court, 9680/22)Diplomatic assurances in extradition proceedings have to be verified.
Judgments
Request for international protection does not stop extradition (TAR Lazio, 2022)A pending request for international protection does not prevent international extradition.
Judgments
Convicted in Italy can serve an alternative sanction in the EU (It. Supreme Court, 5469/22)Probation under the supervision of social services in EU is possibile for Italian condemned.
Judgments
Compensation for mentally ill person who remains in detention despite a release order (ECtHR, SY vs Italy, 2022)Mentally ill person who is not released despite court order needs compensation.
Judgments
Interpol red notice leads to arrest in Italy (Cass.47415/21)Interpol red notice is sufficient for being arrested in Italy.
Judgments
No translation needed in Italian plea bargain proceedings with foreign defendants (Cass. 46852/21)Case file translatoin for non Italian speaking defendants is unncessary if there is a trial waiver.
Judgments
Is right to health a new EAW refusal ground? (Corte Costituzionale, 216/21)Is right to health a new refusal ground of an EAW? Luxembourg will rule.
Judgments
German Court denied surrender of Asylum seeker to Greece (Bremen, 2021)Judgments
Home detention for EU citizens (Cass. 37739/21)Framework Decision 2009/829/JHA allows an European supervision Order for home detention in another EU member state.
Judgments
Post Brexit extradition arrangments: the Italian way (It. Supreme Court, 34466/21)Arrest warrants from the UK are formally governed by the provisions of the Agreement on trade and cooperation.
Articles
Extradition of European citizens from an EU state other than the state of citizenship to third countriesExtradition to third countries of citizens of the European Union who have made use of their freedom of movement on the territory of the Union.
Judgments
Terrorism charges increase risk of torture and ban extradition (Cass. 18122/21)Extradition to India impossible due to danger of inhuman and degrading treatment.
Judgments
Europe has common asylum standard: EAW for refugee (Cass. 9821/21)International protection granted in Italy does not prevent EAW surrender to another EU country.
Useful Information
Italian European Arrest Warrant implementation lawItalian law implementing FD 584/2002 JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (updated Feb 2021). Unofficial translation.
Articles
European supervision measures: Italian resistances to go beyond pretrial detentionThere is a risk of an abrogating interpretation of the regulations contained in the FD 829/2009 in Italian Courts: why and how solve it.
Judgments
Does EAW respect right to health? Italian Constitutional Court will rule (Court Appeal Milan, Jan 2021)An Italian Court questions the constitutionality of Italian national EAW transposition law, since nor the Framework Decision neither the implementation Law 69/2005 set out a specific ground for refusal based on the lack of compliance with fundamental rights, in particular with regard to an infringement of the fundamental right to human health and right to be given appropriate therapies, particularly in the area of mental diseases.
Useful Information
Italian prison overcrowding, a solved problem?Can Italian diplomatic assurances about prison overcrowding issue be trusted?
Articles
Trust needs facts, not words: diplomatic assurances in extradition proceedingsReliance on diplomatic assurances has been a longstanding practice in extradition relations between States: but can they really be trusted?
Judgments
Videoconference in French criminal courts violates fair trial rights (Conseil d’État, 27.11.2020)Conseil d’État suspends the use of videoconferencing in criminal court hearings since it violates the right to a fair trial.
Judgments
Presumption of innocence and compensation to victims (ECtHR, Pasquini 2020)Compensation to crime victim without conviction violates presumption of innocence.
Articles
Closed doors, virus infects Italian criminal trialThe publicity of court proceedings protects defendants against secret justice: does Italian COVID 19 regulation regarding cloud doors respect the rule of law?
Judgments
Knowledge of trial and conviction has to be effective (Cass. 23948/20)There can be no fair trial without effective knowledge of the hearings by the defendant.
Useful Information
Schengen Information System and European Arrest warrant in ItalyThe existence of a specific alert in the SIS II authorises an immediate arrest of the wanted person by the police in Italy.
Judgments
Mandatory credit of pretrial detention in extradition proceeding (Cass., 22257/20)Time spent in pretrial detention in an extradition proceeding is a general principle of Italian law and a fundamental right of the defendant.
Judgments
Italian Government has to grant compensation to victims of violent intentional crimes (CJEU, 129/19)Each Member State has the obligation to provide a scheme on compensation to victims of violent intentional crimes committed in its territory.
Articles
Does the Covid19 disease infect the rule of law in Italy?COVID 19 disease and the impact of emergency legislation on crriminal justice in Italy.
Useful Information
Extradition to ItalyHow can an extradition request or a EAW surrender to Italy be fighted against? Some ideas and jurisprudence.
Judgments
Carola Rackete's arrest was unlawful: saving people is a duty (Cass. 6626/20)Entering Italian territorial waters with rescued migrants aboard the ship without prior authorisation is not a crime, Rackete acted in compliance with the duty to rescue.
Judgments
Unlawful pretrial extradition detention: compensation must consider suicide attempt (Cass. 50615/19)Compensation for unlawful pretrial extradition detention under Italian law: psychological suffering and suiccide attempt count.
Judgments
Interpol red notice arrest doesn't give effective knowledge of trial (Cass. 37132/19)Italian in absentia conviction cannot be justified with effective knowledge deriving an Interpol red notice arrest.
Useful Information
Extradition lawyer in ItalyHow should someone choose a defense attorney in extradition cases or European Arrest Warrant cases?
Judgments
Absent doesn't mean contumacious: new rescission not allowed (Supreme Court, 18624/19)Useful Information
Italian ex officio defense in criminal proceedingsItalian court appointed lawyers in criminal proceedings are private criminal defense attorneys willing to serve on Court appointment for defendants without legal representation.
Useful Information
Arrested in Italy for extradition or European arrest warrant? Basic information.Arrested in Italy for extradition or European arrest warrant? A guide with basic information about Italian law.
Articles
Italian in absentia trial violates the right to a fair trialThe Italian rules governing the retrial of in absentia conviction do not meet European convention on Human rights' standard, because they do not grant the defendant the right to adduce new evidence and disputethe evidence gathered in his absence.
Judgments
TFUE, statute of limitations and Italian legal principles (Constitutional Court, 115/18)Do Italian courts have to disapply certain provisions of Italian law concerning statutes of limitations due to European rules?
Judgments
SIS alert leads to arrest in Italy (ITA Supreme Court, 2018)Articles
European Prosecutor, a Trojan horse for fundamental rights protection?Useful Information
Italian criminal trialJudgments
Replacement of Italian court appointed lawyer if .. (Cass. 3444/18)Useful Information
Drug offences in Italy: conspirancy, dealing and useUse, detention and drug dealing in Italy.
Useful Information
Legal aid in ItalyIn Italy legal aid depends on income of the applicant (and of her/his cohabiting relatives if he request regards a criminal court proceeding): more specifically, under Italian law legal aid is granted to everybody, citizen and non citizen, but only in litigation and only to those who are considered indigent ("means test").
Judgments
EU ne bis in idem bans extradition to third state (Cass. 54467/16)Judgments
Ne bis in idem in extradition proceedings: a general principle of EU law (Cass. 54467/16)The principle of ne bis in idem constitutes neither principle nor custom of international law: in the European context the principle of ne bis in idem is a general principle.
Judgments
EU court ruling and ne bis in idem in Italian extradition proceeding (It. Supreme Court, 54467/16)EU Court ruling has a ne bis in idem effect in Italian extradition cases.
Articles
Can an EU attorney represent clients in Court in Italy?An European attoreny is entitled to work as a lawyer in Italy and can be admitted as a member of an Italian bar: lets see how.
Articles
Interpol: a weapon against Human Rights defenders?Useful Information
Extradition from ItalyItalian extradition proceeding: rules and possible bans to extradition to this countries. Human rights defense.
Useful Information
Client - Attorney confidentiality in Italy: core value of democracy or just window dressing ?Confidentiality between defense lawyer and client is protected under Italian law, but practice shows the the protection can easily be bypassed.
Judgments
Italian ne is in idem between Constitution and ECHR (Corte Cost. 200/2016)Italian ne is in idem: historical or legislative fact?
Useful Information
Criminal records in ItalyJudgments
Mistakes of defense attorney prejudice definitively defendants rights (Cass. 18716/16)Errors of defense attorney have consequences on defendants rights, since they dont' allow a new (correct) exercise of lost rights.
Judgments
Italian in absentia conviction infringes human dignity (BVerfG 2735/15)The Italian rules governing the retrial of in absentia convictions do not respect human dignity.
Articles
Treatment of classified information before the ECJUseful Information
Taricco Judgement. Italian statute of limitations vs EU principle of effective punishmentJudgments
Italy's police forces tortured peaceful protestes in Genova 2001 (ECtHR, 6884/11)Italy violated both the material and procedural aspects of article 3 of the Convention due to the ill-treatment suffered by the applicant which must be classified as “torture”.
Useful Information
Implementing "EU Law" by Italian national judges: an introductionHow does Italy implement EU and ECHR law? An introduction.
Useful Information
Investigation and prosecution phase under italian criminal procedureJudgments
Only consolidated interpretation requires national judges to apply ECHR (It. Constitutional court. 49/2015)It is thus only “consolidated law” resulting from the case law of the European Court on which the national courts are required to base their interpretation.
Useful Information
Can a foreign attorney at law defend in Italy?Italian legislation allows European lawyers to practice their legal profession in Italy under their existing original titles in two ways, on permanent basis or for a single case.
Judgments
Double jeopardy under EU and Italian lawUseful Information
International protection in Italy: asylum, humanitarian assistanceUseful Information
Immigration in Italy: laws, procedures, tipsUseful Information
Anti-money laundering regulations in ItalyUseful Information
Minimum rules for the treatment of convicts, in and out of italian prisonUseful Information
The Constitution of Italian RepublicUseful Information
The ethical code for Italian lawyersUseful Information
Precautionary measures under Italian law: pretrial detention and moreItalian pretrial detention and the other precautionary measures.
Judgments
Italian prisons violate art 3 ECHR (ECtHR, Torreggiani 2013)Italian prisons violate art 3 ECHR resulting in inhuman and degrading treatment.
Useful Information
Judicial systems of the European Union countries (CEPEJ, 2013)Judgments
Double criminality check at the time of issuing EAW (Cass., 40110/12)Double criminality check in EAW proceeding: date of EAW matters, not date of commission.
Useful Information
Basic principles of Italian criminal lawUseful Information
Compensatory damages in Italian tort lawUseful Information
The Italian Public ProsecutorArticles
European Prison Rules COE Rec(2006)2Useful Information
The Italian legal systemJudgments
Italian cumulation order, speciality principle and EAW (Cass. 734/11)Judgments
40 days term for extradition request applies to every pretrial detention (Cass. 41728/10)In every extradition proceeding the defendant has to be released if extradition request does not arrive within 40 days, even if treaty gives a longer deadline.
Judgments
EU rights of the defence (CJEU, 550/07)Judgments
Torture to save human life (ECHR Gäfgen v. Germany, 2010)Useful Information
Effective Criminal Defence in Europe: ItalyJudgments
Ignorance of basic rules by defense attorney cannot prejudice rights of defendant (Cass. 35149/09)Professional mistakes of the defense attorney cannot prejudice defense rigths.
Judgments
EAW, duoble criminality check considers time of facts (Cass.Judgments
Balancing fundamental rights with economic freedoms? (ECJ, C-109/04)Judgments
Fighting Terrorism within the Law"Regarding the state’s struggle against the terror that rises up against it, we are convinced that at the end of the day, a struggle according to the law will strengthen her power and her spirit. There is no security without law. Satisfying the provisions of the law is an aspect of national security." (HCJ 2056/04 Beit Sourik Village Council v. The Government of Israel, § 86.)
Judgments
Pretrial detention abroad counts in Italy (Constituitional Court, 253/04)Judgments
Defense attorneys and rule of law (ECtHR, Elci vs Turkey, 2004)The freedom of lawyers to practise their profession without undue hindrance is an essential component of a democratic society and a necessary prerequisite for the effective enforcement of the provisions of the Convention, in particular the guarantees of fair trial and the right to personal security.
Useful Information
.. how can a criminal defense attorney defend criminals?A criminal defense lawyer does not defend the crime or the criminal, but the rights of the accused, and so evereyone's.
Useful Information
Italian Criminal Procedure CodeThe Italian Code of Criminal Procedure contains the rules governing criminal procedure in every court in Italy; basically, Italian criminal trial is adversarial (with an inquisitorial approach).