Extradition from and to Italy
The extradition process must be followed carefully because important, sometimes irrevocable, evaluations and choices are made at this stage, with an impact on the whole proceeding
Extradition and International Cooperation
Active and passive extradition
Through this process, a state hands over an individual to another state that has submitted the request (passive extradition), or a person, who is currently within the territory of another state, is requested (active extradition), in order to carry out a prison sentence (executive extradition) or a trial (trial extradition).
In order to regulate extradition, there are bilateral treaties between countries together with rules dictated by international law.
In the case of passive extradition, the contested fact of the extradition has to constitute a criminal offence both in the state that has requested extradition and in the state that grants extradition.
Extradition may be denied by a state in certain specific cases such as
• when the accused faces the risk of death penalty;
• when the accused may be discriminated against for sex, religious belief, race;
• and more
Italian lawyer for European Arrest Warrant
The European arrest warrant (“EAW”) is a simplified cross-border judicial surrender procedure for the purpose of prosecution or executing a custodial sentence or detention order.
It is governed by Law 69/2005 and by the “European Convention for the protection of human rights and fundamental freedoms.”
The EAW aims to ensure that open borders and free movement in the Union are not exploited by those seeking to evade justice. It is the most successful instrument of judicial cooperation in criminal matters in the Union.
It is applicable only among members of the European Community.
Extradition has to be given to a foreign state on the ground of a restricted measure of personal freedom or a sentence of imprisonment issued by the judicial authority.
The Italian authorities only have to ascertain the validity of the terms of the warrant, before proceeding to extradite the accused.
Extradiction ? English-speaking lawyer in Italy
According to article 16, comma 4 of the European Convention of Extradition from the 13th December 1957, which has been in force in Italy since 1963, the period of arrest for extradition shall not exceed forty days.
After the 40 days in the absence of an extradition request, and of the relative documents that justify the request, the international fugitive shall be released.
In this case, international treaties prevail over national laws.