Tag: double criminality

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.

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

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…