Tag: european criminal law

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

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). 

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

EPPO defense for lawyers by practicioners.

Arrested in Italy for an European Arrest Warrant: information and defense.

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

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

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.

Reliance on diplomatic assurances has been a longstanding practice in extradition relations between States: but can they really be trusted?

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

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

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

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

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.

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.

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…

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.

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

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.