JudgmentsUnlawful 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.
JudgmentsEAW 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).
JudgmentsAsylum 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 InformationProfessional 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?
JudgmentsItalian 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.
JudgmentsEAW 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.
JudgmentsEffective 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.
JudgmentsReticent 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.
JudgmentsExtradition 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.
JudgmentsGreek 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.
JudgmentsItalian 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.
JudgmentsAdministrative 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.
JudgmentsUnlawful detention in European Arrest Warrant case in Italy: compensation granted (Cass. 1422/23)
Unlawful pretrail detention compensation in EAW.
JudgmentsEAW, furnishings and detention conditions in Greece (Cass.1317/23)
Furnishing space has to be deducted form individual space in detention: EAW rejected.
JudgmentsEAW 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.
JudgmentsNeed 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.
JudgmentsGuarantee 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?
JudgmentsGeneric 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.
JudgmentsDetention 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.
JudgmentsGreek 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.
JudgmentsExtradition 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.
JudgmentsNe 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 ..
JudgmentsDiplomatic assurances allow extradition to Moldova (Cass. 32430/22)
Moldovian diplomatic assurances allow extradition even if there are negative CPT reports.
JudgmentsExtradition 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 InformationArrested for an European Arrest Warrant in Italy
Arrested in Italy for an European Arrest Warrant: information and defense.
JudgmentsDue 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.
JudgmentsRefoulment 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.
JudgmentsDiplomatic 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.
JudgmentsEPPO 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).
JudgmentsEPPO 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.
JudgmentsOpposing deportation to Lybia is not a crime: the Vos Thalassa case (Cass. 15869/22)
JudgmentsProportionality 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.
JudgmentsProtection 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.
JudgmentsDiplomatic 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.
JudgmentsExtradition, 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.
JudgmentsDiplomatic assurances in extradition cases have to be verified (Supreme Court, 9680/22)
Diplomatic assurances in extradition proceedings have to be verified.
JudgmentsRequest for international protection does not stop extradition (TAR Lazio, 2022)
A pending request for international protection does not prevent international extradition.
JudgmentsConvicted 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.
JudgmentsCompensation 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.
JudgmentsInterpol red notice leads to arrest in Italy (Cass.47415/21)
Interpol red notice is sufficient for being arrested in Italy.
JudgmentsNo 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.
JudgmentsIs 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.
JudgmentsGerman Court denied surrender of Asylum seeker to Greece (Bremen, 2021)
JudgmentsHome 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.
JudgmentsPost 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.
ArticlesExtradition of European citizens from an EU state other than the state of citizenship to third countries
Extradition to third countries of citizens of the European Union who have made use of their freedom of movement on the territory of the Union.
JudgmentsTerrorism charges increase risk of torture and ban extradition (Cass. 18122/21)
Extradition to India impossible due to danger of inhuman and degrading treatment.
JudgmentsEurope 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 InformationItalian European Arrest Warrant implementation law
Italian 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.
ArticlesEuropean supervision measures: Italian resistances to go beyond pretrial detention
There is a risk of an abrogating interpretation of the regulations contained in the FD 829/2009 in Italian Courts: why and how solve it.
JudgmentsDoes 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 InformationItalian prison overcrowding, a solved problem?
Can Italian diplomatic assurances about prison overcrowding issue be trusted?
ArticlesTrust needs facts, not words: diplomatic assurances in extradition proceedings
Reliance on diplomatic assurances has been a longstanding practice in extradition relations between States: but can they really be trusted?
JudgmentsVideoconference 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.
JudgmentsPresumption of innocence and compensation to victims (ECtHR, Pasquini 2020)
Compensation to crime victim without conviction violates presumption of innocence.
ArticlesClosed doors, virus infects Italian criminal trial
The publicity of court proceedings protects defendants against secret justice: does Italian COVID 19 regulation regarding cloud doors respect the rule of law?
JudgmentsKnowledge 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 InformationSchengen Information System and European Arrest warrant in Italy
The existence of a specific alert in the SIS II authorises an immediate arrest of the wanted person by the police in Italy.
JudgmentsMandatory 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.
JudgmentsItalian 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.
ArticlesDoes 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 InformationExtradition to Italy
How can an extradition request or a EAW surrender to Italy be fighted against? Some ideas and jurisprudence.
JudgmentsUnlawful 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.
Useful InformationExtradition lawyer in Italy
How should someone choose a defense attorney in extradition cases or European Arrest Warrant cases?
JudgmentsAbsent doesn't mean contumacious: new rescission not allowed (Supreme Court, 18624/19)
ArticlesItalian in absentia trial violates the right to a fair trial
The 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.
JudgmentsTFUE, 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?
JudgmentsSIS alert leads to arrest in Italy (ITA Supreme Court, 2018)
ArticlesEuropean Prosecutor, a Trojan horse for fundamental rights protection?
Useful InformationItalian criminal trial
Useful InformationDrug offences in Italy: conspirancy, dealing and use
Use, detention and drug dealing in Italy.
Useful InformationLegal aid in Italy
In 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").
JudgmentsNe 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.
JudgmentsEU 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.
ArticlesInterpol: a weapon against Human Rights defenders?
Useful InformationExtradition from Italy
Italian extradition proceeding: rules and possible bans to extradition to this countries. Human rights defense.
Useful InformationClient - 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.
JudgmentsItalian ne is in idem between Constitution and ECHR (Corte Cost. 200/2016)
Italian ne is in idem: historical or legislative fact?
Useful InformationCriminal records in Italy
JudgmentsMistakes 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.
JudgmentsItalian in absentia conviction infringes human dignity (BVerfG 2735/15)
The Italian rules governing the retrial of in absentia convictions do not respect human dignity.
ArticlesTreatment of classified information before the ECJ
Useful InformationTaricco Judgement. Italian statute of limitations vs EU principle of effective punishment
JudgmentsItaly'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 InformationImplementing "EU Law" by Italian national judges: an introduction
How does Italy implement EU and ECHR law? An introduction.
Useful InformationInvestigation and prosecution phase under italian criminal procedure
JudgmentsOnly 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 InformationCan 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.
JudgmentsDouble jeopardy under EU and Italian law
Useful InformationInternational protection in Italy: asylum, humanitarian assistance
Useful InformationImmigration in Italy: laws, procedures, tips
Useful InformationAnti-money laundering regulations in Italy
Useful InformationMinimum rules for the treatment of convicts, in and out of italian prison
Useful InformationThe Constitution of Italian Republic
Useful InformationThe ethical code for Italian lawyers
Useful InformationPrecautionary measures under Italian law: pretrial detention and more
Italian pretrial detention and the other precautionary measures.
Useful InformationJudicial systems of the European Union countries (CEPEJ, 2013)
Useful InformationBasic principles of Italian criminal law
Useful InformationThe Italian Public Prosecutor
ArticlesEuropean Prison Rules COE Rec(2006)2
Useful InformationThe Italian legal system
JudgmentsItalian cumulation order, speciality principle and EAW (Cass. 734/11)
JudgmentsEU rights of the defence (CJEU, 550/07)
JudgmentsTorture to save human life (ECHR Gäfgen v. Germany, 2010)
Useful InformationEffective Criminal Defence in Europe: Italy
JudgmentsIgnorance of basic rules by defense attorney cannot prejudice rights of defendant (Cass. 35149/09)
Professional mistakes of the defense attorney cannot prejudice defense rigths.
JudgmentsBalancing fundamental rights with economic freedoms? (ECJ, C-109/04)
JudgmentsFighting 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.)
JudgmentsDefense 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 InformationItalian Criminal Procedure Code
The 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).