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.

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

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).

Evocation by EPPO bans EAW optional refusal ground of criminal investigation in the executing state. 

 Rescue operations at sea which result in the return of survivors to Libya constitute a breach of the principle of non-refoulement and violate the rights of the people rescued who…

Plish EAW, fair trial is granted if there is no evidence of individual risk, but prportionality has to be checked.

Does  the EAW proceeding against a mother respect children and childhood? Preliminary ruling to Kirchberg.

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.

Probation under the supervision of social services in EU is possibile for Italian condemned.

Mentally ill person who is not released despite court order needs compensation.

Interpol red notice is sufficient for being arrested in Italy.

Case file translatoin for non Italian speaking defendants is unncessary if there is a trial waiver.

Is right to health a new refusal ground of an EAW? Luxembourg will rule.

Systemic weaknesses in the Member State granting protection only reach the particularly high threshold for the assumption of a violation of Art. 4 CFR or Art.

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

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.

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

Italian law implementing FD 584/2002 JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (updated Feb 2021). Unofficial translation. 

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.

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.

Can Italian diplomatic assurances about prison overcrowding issue be trusted?

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

Conseil d’État suspends the use of videoconferencing in criminal court hearings since it violates the right to a fair trial.

Compensation to crime victim without conviction violates presumption of innocence. 

The publicity of court proceedings protects defendants  against secret justice: does Italian COVID 19 regulation regarding cloud doors respect the rule of law?

 

There can be no fair trial without effective knowledge of the hearings by the defendant. 

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

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.

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

COVID 19 disease and the impact of emergency legislation on crriminal justice in Italy.

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

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.

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?

The request for "rescission of the judgment" (rescissione del giudicato)  applies only to proceedings in which the absence of the defendant has been declared pursuant to Article 420-bis of the…

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 Italian legal system is that of a civil law State, governed by codified law.

Use, detention and drug dealing in Italy.

In Italy legal aid depends on income of the applicant (and of her/his cohabiting relatives if he request regards a criminal court proceeding): more specifically, under Italian law legal aid is granted to everybody, citizen and non citizen, but only in litigation and only to those who are considered indigent ("means test").

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. 

Established 1956 in Vienna, the INTERNATIONAL CRIMINAL POLICE ORGANIZATION - INTERPOL enables police in around 190 member countries to work together "to fight international crime": more in detail, its aim…

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

Confidentiality between defense lawyer and client is protected under Italian law, but practice shows the the protection can easily be bypassed.

Italian ne is in idem: historical or legislative fact? 

There are essentially 6 main kinds of records in Italy: criminal record (also called "criminal / penal certificate" it lists past criminal convictions in Italy); civil record (contains some civil judgments, such as bankruptcy,…

Errors of defense attorney have consequences on defendants rights, since they dont' allow a new (correct) exercise of lost rights.

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

  In the post 9/11 context of global terrorism and global counter-terrorism, the question of secrecy, usually grounded in national security-related concerns, has become one of the most interesting legal issues.…

Does the italian statute of limitation conflict with the need of an effective, proportionate and dissuasive criminal sanction against VAT fraud related cases? 1.

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”.

How does Italy implement EU and ECHR law? An introduction.

The Italian legal system is that of a civil law State, governed by codified law.

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.

 

Italian legislation allows European lawyers to practice their legal profession in Italy under their existing original titles in two ways, on permanent basis or for a single case.

Legal fees in Italy: all you need to know.

Article 54 of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French…

The international protection seeker is a person who has applied for international protection and is awaiting the decision of recognition of refugee status or another form of protection.

The number of foreign citizens that can be admitted in Italy for subordinate employment (including seasonal) or self-employment is defined every year by the ?entry quotas?, which determine the maximum…

Lawyers and consultants are covered by anti-money laundering legislation a result of implementation  of the third EU Money Laundering Directive by Legislative Decree No.

Criminal responsibility is personal.  The defendant is not considered guilty until the final judgement is passed.

Arrested in Italy? Check your rights. 

The Constitution of the Italian Republic (Italian: Costituzione della Repubblica italiana) was enacted by the Constituent Assembly on 22 December 1947, with 453 votes in favour and 62 against.

The ethical code regulates the relationship between an attorney and his client, and the relationship between attorneys and the judge.

Italian pretrial detention and the other precautionary measures.

Italian prisons violate art 3 ECHR resulting in inhuman and degrading treatment. 

 Judicial systems of the European Union countries Analysis of data by the European Commission for the Efficiency of Justice (CEPEJ) Council of Europe Jean-Paul Jean Advocate General at the Court of Cassation…

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

?No one can be punished if not in compliance with a law that was in force before the act was committed? An absolutely central and fundamental principle of the Italian legal system is…

Information about Italian avvocati.

Damages are the remedy that a party requests the court award in order to try to make the injured party whole.

The Italian prosecutor embodies a peculiar combination of official duties and actual practices: he is formally a member of the judiciary independent of the political branches; he is charged with…

All persons deprived of their liberty shall be treated with respect for their human rights: prison conditions that infringe prisoners? human rights are not justified by lack of resources.

The Italian legal system is that of a civil law State, governed by codified law.  Italy's system of government is that of a parliamentary republic.

On the subject of jurisdictional relations with foreign authorities, if, following a European arrest warrant, the extradited person is to be subjected to the execution of concurrent sentences considered as…

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.

It must be recalled that in all proceedings in which sanctions, especially fines or penalty payments, may be imposed observance of the rights of the defence is a fundamental principle…

Torture, inhuman or degrading treatment cannot be inflicted even in circumstances where the life of an individual is at risk and being absolute, there can be no weighing of other…

Every year, millions of people across Europe ? innocent and guilty ? are arrested and detained by the police.

Professional mistakes of the defense attorney cannot prejudice defense rigths.

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…

Aims of a purely economic nature cannot constitute pressing reasons of public interest justifying a restriction of a fundamental freedom guaranteed by the Treaty.

"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.)

In an extradition procceding the extradited person's pretrial estradition detention counts for the purposes of calculating pretrial detention terms.    CONSTITUTIONAL COURT JUDGMENT NO.

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. 

A criminal defense lawyer does not defend the crime or the criminal, but the rights of the accused, and so evereyone's.

The Italian Code of Criminal Procedure contains the rules governing criminal procedure in every court in Italy; basically, Italian criminal trial is adversarial (with an inquisitorial approach). 

Is compulsorily taking of blood samples of the defendant constitutional? According to the Italian constitution (art 13), any restriction of personal liberty is subject to a double guarantee:  a law prescribing…

A man who, in order to escape death from hunger, kills another for the purpose of eating his flesh, is guilty of murder; although at the time of the act…