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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

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

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.

Useful Information

EPPO Handbook 2022 EuLaw

EPPO defense for lawyers by practicioners.

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 Italy

Arrested 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

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)
 Rescue operations at sea which result in the return of survivors to Libya constitute a breach of the principle of non-refoulement and violate the rights of the people rescued who...

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

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)
Systemic weaknesses in the Member State granting protection only reach the particularly high threshold for the assumption of a violation of Art. 4 CFR or Art.

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 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.

Useful Information

Italian 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. 

Articles

European 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.

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 proceedings

Reliance 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 trial

The 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 Italy

The existence of a specific alert in the SIS II authorises an immediate arrest of the wanted person by the police in Italy.

Useful Information

Interpol Red Notice in Italy

Interpol red Notice abuse and defence 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 Italy

How can an extradition request or a EAW surrender to Italy be fighted against? Some ideas and jurisprudence.

Useful Information

Extradition lawyer in Italy

How should someone choose a defense attorney in extradition cases or European Arrest Warrant cases?

Articles

Italian 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.

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)
The law rules that the entry of a specific alert in the S. I. S. authorises an immediate arrest of the wanted person by the police.

Articles

European Prosecutor, a Trojan horse for fundamental rights protection?
Traditionally, the protection of Union's financial interests was within the exclusive competence of European Union Member States and the EU anti fraud office OLAF as well , Eurojust and Europol...

Useful Information

Italian criminal trial
The Italian legal system is that of a civil law State, governed by codified law.

Useful Information

Drug offences in Italy: conspirancy, dealing and use

Use, detention and drug dealing in Italy.

Useful Information

Legal 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").

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

Interpol: a weapon against Human Rights defenders?
Established 1956 in Vienna, the INTERNATIONAL CRIMINAL POLICE ORGANIZATION - INTERPOL enables police in around 190 member countries to work together "to fight international crime": more in detail, its aim...

Useful Information

Extradition from Italy

 Italian 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.

Useful Information

Criminal records in Italy
There are essentially 6 main kinds of records in Italy: criminal record (also called "criminal / penal certificate" it lists past criminal convictions in Italy); civil record (contains some civil judgments, such as bankruptcy,...

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 ECJ
  In the post 9/11 context of global terrorism and global counter-terrorism, the question of secrecy, usually grounded in national security-related concerns, has become one of the most interesting legal issues....

Useful Information

Taricco Judgement. Italian statute of limitations vs EU principle of effective punishment
Does the italian statute of limitation conflict with the need of an effective, proportionate and dissuasive criminal sanction against VAT fraud related cases? 1.

Judgments

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 introduction

How does Italy implement EU and ECHR law? An introduction.

Useful Information

Investigation and prosecution phase under italian criminal procedure
The Italian legal system is that of a civil law State, governed by codified law.

Judgments

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.

Useful Information

Legal (attorney) fees in Italy

Legal fees in Italy: all you need to know.

Useful Information

Double jeopardy under EU and Italian law
Article 54 of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French...

Useful Information

International protection in Italy: asylum, humanitarian assistance
The international protection seeker is a person who has applied for international protection and is awaiting the decision of recognition of refugee status or another form of protection.

Useful Information

Immigration in Italy: laws, procedures, tips
The number of foreign citizens that can be admitted in Italy for subordinate employment (including seasonal) or self-employment is defined every year by the ?entry quotas?, which determine the maximum...

Useful Information

Anti-money laundering regulations in Italy
Lawyers and consultants are covered by anti-money laundering legislation a result of implementation  of the third EU Money Laundering Directive by Legislative Decree No.

Useful Information

Minimum rules for the treatment of convicts, in and out of italian prison
Criminal responsibility is personal.  The defendant is not considered guilty until the final judgement is passed.

Useful Information

Arrested in Italy: an introduction

Arrested in Italy? Check your rights. 

Useful Information

The Constitution of Italian Republic
The Constitution of the Italian Republic (Italian: Costituzione della Repubblica italiana) was enacted by the Constituent Assembly on 22 December 1947, with 453 votes in favour and 62 against.

Useful Information

The ethical code for Italian lawyers
The ethical code regulates the relationship between an attorney and his client, and the relationship between attorneys and the judge.

Useful Information

Precautionary measures under Italian law: pretrial detention and more

Italian pretrial detention and the other precautionary measures.

Useful Information

Judicial systems of the European Union countries (CEPEJ, 2013)
 Judicial systems of the European Union countries Analysis of data by the European Commission for the Efficiency of Justice (CEPEJ) Council of Europe Jean-Paul Jean Advocate General at the Court of Cassation...

Useful Information

Basic principles of Italian criminal law
?No one can be punished if not in compliance with a law that was in force before the act was committed? An absolutely central and fundamental principle of the Italian legal system is...

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Practicing as an Italian attorney at law

Information about Italian avvocati.

Useful Information

The Italian Public Prosecutor
The Italian prosecutor embodies a peculiar combination of official duties and actual practices: he is formally a member of the judiciary independent of the political branches; he is charged with...

Articles

European Prison Rules COE Rec(2006)2
All persons deprived of their liberty shall be treated with respect for their human rights: prison conditions that infringe prisoners? human rights are not justified by lack of resources.

Useful Information

The Italian legal system
The Italian legal system is that of a civil law State, governed by codified law.  Italy's system of government is that of a parliamentary republic.

Judgments

Italian cumulation order, speciality principle and EAW (Cass. 734/11)
On the subject of jurisdictional relations with foreign authorities, if, following a European arrest warrant, the extradited person is to be subjected to the execution of concurrent sentences considered as...

Judgments

EU rights of the defence (CJEU, 550/07)
It must be recalled that in all proceedings in which sanctions, especially fines or penalty payments, may be imposed observance of the rights of the defence is a fundamental principle...

Judgments

Torture to save human life (ECHR Gäfgen v. Germany, 2010)
Torture, inhuman or degrading treatment cannot be inflicted even in circumstances where the life of an individual is at risk and being absolute, there can be no weighing of other...

Useful Information

Effective Criminal Defence in Europe: Italy
Every year, millions of people across Europe ? innocent and guilty ? are arrested and detained by the police.

Judgments

Balancing fundamental rights with economic freedoms? (ECJ, C-109/04)
Aims of a purely economic nature cannot constitute pressing reasons of public interest justifying a restriction of a fundamental freedom guaranteed by the Treaty.

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

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 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)

Judgments

Invasive methods for evidence purpose requirements (Corte Cost., 238/96)
Is compulsorily taking of blood samples of the defendant constitutional? According to the Italian constitution (art 13), any restriction of personal liberty is subject to a double guarantee:  a law prescribing...

Judgments

Lifeboat case: is murder allowed by necessity? (Queen vs. Dudley and Stephens)
A man who, in order to escape death from hunger, kills another for the purpose of eating his flesh, is guilty of murder; although at the time of the act...