Tag: double criminality
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.
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.