Tag: extradition

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. 

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.

Wrong choice of Italian extradition lawyer can impact heavily on rights of the defendant: are there any remedies for professional misconducts?

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.

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.

Unlawful pretrail detention compensation in EAW.

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

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

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.

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.

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

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

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

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.

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

Extradition to third countries of citizens of the European Union who have made use of their freedom of movement on the territory of the Union.

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

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

Interpol red Notice abuse and defence in Italy.

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

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

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. 

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

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 extradition proceeding: rules and possible bans to extradition to this countries. Human rights defense. 

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

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.