JudgmentsDead 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.
JudgmentsIn 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.
JudgmentsCall asylum seekers "illegal immigrants" is discriminatory (Cass. 24686/23)
It's discrimination to call asylum seekers "clandestini", illegal immigrants.
JudgmentsHealth risks legitimate EAW refusal (Constitutional court, 177823)
Health risks legitimate refusal in European arrest warrant proceedings.
JudgmentsIn 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.
JudgmentsClient 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.
JudgmentsItalian criminal procedure allows Encrochat and Sky-Ecc encrypted messaging without algorithm (Cass. 23999/23)
JudgmentsDefendant 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.
JudgmentsEPPO 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.
JudgmentsDouble 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.
JudgmentsItalian 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.
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).
JudgmentsItaly 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").
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.
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.
JudgmentsAppeal 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.
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.
JudgmentsEAW 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.
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.
JudgmentsEU 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.
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.
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.
JudgmentsDismissal 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.
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.
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.
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.
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.
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.
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.
JudgmentsCarola 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.
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.
JudgmentsInterpol 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.
JudgmentsAbsent doesn't mean contumacious: new rescission not allowed (Supreme Court, 18624/19)
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)
JudgmentsEU ne bis in idem bans extradition to third state (Cass. 54467/16)
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.
JudgmentsItalian ne is in idem between Constitution and ECHR (Corte Cost. 200/2016)
Italian ne is in idem: historical or legislative fact?
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.
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”.
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.
JudgmentsDouble jeopardy under EU and Italian law
JudgmentsItalian prisons violate art 3 ECHR (ECtHR, Torreggiani 2013)
Italian prisons violate art 3 ECHR resulting in inhuman and degrading treatment.
JudgmentsDouble 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.
JudgmentsItalian cumulation order, speciality principle and EAW (Cass. 734/11)
Judgments40 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.
JudgmentsEU rights of the defence (CJEU, 550/07)
JudgmentsTorture to save human life (ECHR Gäfgen v. Germany, 2010)
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.
JudgmentsEAW, duoble criminality check considers time of facts (Cass.
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.