It is up to the law of the Union to establish the levels of protection of fundamental rights, on the respect of which the legitimacy of the regulation of the European Arrest Warrant and its concrete execution at the national level are subordinate: a conviction without a defender does not constitute any violation of the inviolable right to defense, since the trial can be reopened (without a question of constitutional legitimacy to activate the so-called counter-limits).

Legal privilege which prohibits  the use of conversations or communications of defense attorneys  does not indiscriminately apply to all conversations of individuals holding the role of defense attorney but only to those which, upon subsequent review, are found to pertain to the function being exercised.

Italian Public Prosecutor can acquire evidence in an Italian proceeding in crypotphones proceedings (SKY ECC, Encrochat, ..) issuing an EIO to foreign judicial authority. 

Under Italian law, the order of pretrial detention in extradition proceedings has to be translated in writing for non Italian speaking defendants. 

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. 

Notwithstanding the wide discretion granted to the Ministry in this matter, an adequate investigative depth directed at ascertaining whether and what developments there have been of police precedents consisting of…

Failure to validate detention of asylum seekers deported to Albania under the Protocol between the Government of the Republic of Italy and the Council of Ministers of the Republic of…

Italian Supreme court annulls the non-recognition of the idem of an Italian conviction judgment in comparison to a Greek acquittal judgment: the notion of “same facts,” referred to by the…

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.

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.

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?

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. 

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.

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.

Extradition arrest and pretrail detention in Italy for a Interpol Red Notice is unlawful when the requesting State could sentence to death. 

Actual poor quality of the interpretation depends on the very modest amount provided by the Italian legislation for the remuneration of interpreters: Florence court raises request for a preliminary ruling…

In the case of an extradition request from a third country of a citizen of an EU country who is in the European Union but outside the territory of the…

The order of personal pre-trial detention issued against a non Italian speaking defendant or suspect, where - it is known before issuing the pretraial detention order by Italian judiciary that the…

Fundamental rights are not affected in an extradition to Moldova since detention institutions are not directly affected by war events.

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.

Surrender in European arrest warrant proceeding has to be rejected if fundamental rights are at risk and EAW is disproportionated. 

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.

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.

As a result of the outbreak of the Russian-Ukrainian conflict, it is reasonable to assume that the problem of prison overcrowding reported in a pilot judgment as early as 2020…

Extradition to Ukraine for common crime is prevented by detention conditions and the impossibility - due to the war - of a fair trial.

Italian prison system has to grant right to sexuality to inmates with their partner (even if not married): the issue of affectivity during the detention concerns the identification of the…

The precautionary measure of house arrest does not fall within the scope of Legislative Decree No.

In absentia convicted, mnon Italian speaking and detained abroad: client is still  responsible for attorney's mistakes in requesting in absentia conviction  retrial.

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. 

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.

Acquisition wuth an European investigation order EIO: national judge of the executing state must check admissibility and use of the evidence.

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. 

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. 

Poor ventilation and poor sanitary or hygienic conditions in detention violate at 3 ECHR: inhuman and degrading treatment of inmates have to be compensated by the Italian Government.

Italian authorities’ failed to sufficiently and reasonably protect the life of the applicants’ relative who died of a drug overdose while in police custody.

 

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.

It's discrimination to call asylum seekers "clandestini", illegal immigrants. 

Health risks legitimate refusal in European arrest warrant proceedings.

Political persecution and detention conditions ban extradition of a Kurd to Turkey. 

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.

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.

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. 

Electronic messages - e-mails, SMS, WhatsApp .. - represent a form of correspondence protected by Italian Constitution. 

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.

When the material acquired with a European investigation order has been the subject of a decryption activity by the judicial authority of another member state, the unencrypted computer data, obtained…

Italian Constitutional Court stenghtend right to silence of the defendant in criminal proceedings which now covers personal information about the defendant as well. 

EPPO intervention removes national optional refusal  ground when the requested person is already being prosecuted in the Executing State for the same act.

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.

Italian police officer convicted for having an American teenager blindfolded and handcuffed shortly after he was arrested on suspicion of killing an officer.

 

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. 

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). 

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"). 

Asylum seekers in italy risk inhuman and degrading treatment with deprivation of their most important basic needs, such as shelter, food and running water.

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. 

 

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.

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. 

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.

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.

Reticent and incomplete information about prison conditions  bans surrender in Cyprus investigative European Arrest warrant proceeding.  

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.

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.

Greek executive EAW rejected, Chania prison has inhumane and degrading conditions due to overcrowding.

 

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.

As the current Italian legislation stands, it appears that there is a lack in the criminal division in the Committee in charge of training and review at the register of…

Copyrights violations sanctionend by an administrative fine cannot be punished twice (Engel criteria) with direct application of art 50 Charta. 

Unlawful pretrail detention compensation in EAW.

Furnishing space has to be deducted form individual space in detention: EAW rejected.

Who is arrested in extradition proceedings that should have been treated as a European arrest warrant has to be released.

Poland's EAW for questioning defendant is legitimate under Italian law, and proportionality check for EIO is not necessary.

Is an assurance of non extradition from the government possible under Italian law?

The executing judicial authority in European Arrest Warrant cases cannot rely on generic information of issuing authority.

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. 

EAW to Greece should be rejected despite supplementary information regarding detention conditions. 

 

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.

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 .. 

Moldovian diplomatic assurances allow extradition even if there are negative CPT reports.

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.

Sky ECC messaging can be used in Court only if its acquisition is transparent. 

German dismissal of the case by the Prosecution grants an EU ne bis in idem effect and bans extradition to a third state. 

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.

Consequences of the cessation of membership of the Russian Federation to the Council of Europe in Italian extradition proceedings. 

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).

Evocation by EPPO bans EAW optional refusal ground of criminal investigation in the executing state. 

 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…

Plish EAW, fair trial is granted if there is no evidence of individual risk, but prportionality has to be checked.

Does  the EAW proceeding against a mother respect children and childhood? Preliminary ruling to Kirchberg.

In times of war between russia and Ukraine, diplomatic assurances from Russia have to be particularly verified.

Administrative decision about refugee status is not binding in extradition proceedings, but its reasoning has to be taken into account. 

Diplomatic assurances in extradition proceedings have to be verified.

 

A pending request for international protection does not prevent international extradition.

Probation under the supervision of social services in EU is possibile for Italian condemned.

Mentally ill person who is not released despite court order needs compensation.

Interpol red notice is sufficient for being arrested in Italy.

Case file translatoin for non Italian speaking defendants is unncessary if there is a trial waiver.

Is right to health a new refusal ground of an EAW? Luxembourg will rule.

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.

Framework Decision 2009/829/JHA allows an European supervision Order for home detention in another EU member state.

Arrest warrants from the UK are formally governed by the provisions of the Agreement on trade and cooperation.

Extradition to India impossible due to danger of inhuman and degrading treatment.

International protection granted in Italy does not prevent EAW surrender to another EU country. 

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.

Conseil d’État suspends the use of videoconferencing in criminal court hearings since it violates the right to a fair trial.

Compensation to crime victim without conviction violates presumption of innocence. 

There can be no fair trial without effective knowledge of the hearings by the defendant. 

Time spent in pretrial detention in an extradition proceeding is a  general principle of Italian law and a fundamental right of the defendant.

Each Member State has the obligation to provide a scheme on compensation to victims of violent intentional crimes committed in its territory.

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.

Compensation for unlawful pretrial extradition detention under Italian law: psychological suffering and suiccide attempt count.

Italian in absentia conviction cannot be justified with effective knowledge deriving an Interpol red notice arrest. 

The request for "rescission of the judgment" (rescissione del giudicato)  applies only to proceedings in which the absence of the defendant has been declared pursuant to Article 420-bis of the…

Do Italian courts have to disapply certain provisions of Italian law concerning statutes of limitations due to European rules?

 

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.

The substitution of the court appointed lawyer (or public defender) is legitimate if the appointed counsel has not performed any defensive actions and has not acted in favor of his…

Italy's supreme Court of Cassation in december 2016 with ruling No. 54467/16 has blocked the extradition to Turkey of a drugs trafficker because Turkey violates human rights.

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.

EU Court ruling has a ne bis in idem effect in Italian extradition cases. 

Italian ne is in idem: historical or legislative fact? 

Errors of defense attorney have consequences on defendants rights, since they dont' allow a new (correct) exercise of lost rights.

The Italian rules governing the retrial of in absentia convictions do not respect human dignity.

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”.

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.

 

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…

Italian prisons violate art 3 ECHR resulting in inhuman and degrading treatment. 

Double criminality check in EAW proceeding: date of EAW matters, not date of commission. 

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…

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.

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…

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…

Professional mistakes of the defense attorney cannot prejudice defense rigths.

If an EAW is issued and the facts were not criminally relevant at the time they have beeen committed in the executing state, EAW should be refused because of lack…

Aims of a purely economic nature cannot constitute pressing reasons of public interest justifying a restriction of a fundamental freedom guaranteed by the Treaty.

"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.)

In an extradition procceding the extradited person's pretrial estradition detention counts for the purposes of calculating pretrial detention terms.    CONSTITUTIONAL COURT JUDGMENT NO.

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. 

Is compulsorily taking of blood samples of the defendant constitutional?

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…