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Judgments

Conjugal visits in prison upheld dignity and rehabilitation (Italian Const. Court, 10/24)
Italian prison system has to grant right to sexuality to inmates with their partner (even if not married): the issue of affectivity during the detention concerns the identification of the…

Judgments

Extradition denied to Ukraine: no fair trial rights (French Supreme Court, 2023)

In an extradition proceeding to Ukraine, there are serious and proven grounds for believing that who is surrendered to Ukraine would be exposed to a real risk of flagrant denial of justice under the provisions relating to pre-trial detention resulting from the martial law in force and the situation of armed conflict prevailing in Ukraine, such as to profoundly disorganize the judicial system and prevent the progress of the proceedings.

Judgments

Legality check of SKY-ECC evidence is mandatory (ITA Supreme Court 44154/23)

Acquisition wuth an European investigation order EIO: national judge of the executing state must check admissibility and use of the evidence.

Judgments

Torture charges allow in absentia proceeding (Italian Constitutional Court, 192/23)

The assessment of torture charges in a public criminal trial meets a constitutional and supranational obligation: the uncooperative conduct of one's own State in the notification of the trial legitimises a trial in absence, without prejudice to the right of the accused himself to a new trial in presence for the re-examination of the merits of the case. 

Judgments

Italian bail for asylum seekers to avoid detention violates EU law (Catania Court, 29/9/23)

The bail required by the Italian government from asylum seekers from so-called safe countries to avoid detention in a CPR is contrary to European law and should therefore be disapplied. 

Judgments

Shortage of water and unpleasant odors, detention is inhumane (Cass. 39679/23)
Poor ventilation and poor sanitary or hygienic conditions in detention violate at 3 ECHR: inhuman and degrading treatment of inmates have to be compensated by the Italian Government.

Judgments

Dead by assuming an overdose while under arrest: right to life violated (ECtHR, Ainis vs Italy, 23)

Italian authorities’ failed to sufficiently and reasonably protect the life of the applicants’ relative who died of a drug overdose while in police custody.

 

Judgments

In absentia retrial has to be full (ECtHR, Shala vs Italy, 23)

Italy violates fair trial rights not granting an effective fresh determination of the merits of the charges against who whas been convicted without effective knowledge of the trial in accordance with the requirements of Article 6 ECHR.

Judgments

Call asylum seekers "illegal immigrants" is discriminatory (Cass. 24686/23)

It's discrimination to call asylum seekers "clandestini", illegal immigrants. 

Judgments

Health risks legitimate EAW refusal (Constitutional court, 177823)

Health risks legitimate refusal in European arrest warrant proceedings.

Judgments

Political persecution bans extradition (Cass. 31588/23)

Political persecution and detention conditions ban extradition of a Kurd to Turkey. 

Judgments

Ex officio check of detention conditions in EAW cases (Cass. 30578/23)

Court must check ex officio the possible violation of Article 3 ECHR for detention conditions in the issuing state in Wueriopea Arrest warrant proceedings, because it relates to the protection of the fundamental rights of the surrendered person as recognised by the Constitutional Charter and the European Convention on Human Rights, even in the absence of a specific defense argument.

Judgments

Hearing without interpreter? It does'nt matter (Cass. 31431/23)

It is lawful to validate the arrest of the foreign national who is not an Italian citizen even following the entry into force of Legislative Decree No. 32 of 4 March 2014, which implemented Directive 2010/64/EU on linguistic assistance, without first questioning him due to the impossibility of finding an interpreter in a timely manner, since this is a case of force majeure that does not prevent the judge from deciding on the legitimacy of the actions of the judicial police.

Judgments

In absentia retrial request before surrender is admissible (Venice Court, 2023)

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. 

Judgments

Client lawyer confidentiality, essential in rule of law (ECtHR, Demirtas vs. Turkey, 2023)

The right of every defendant to be effectively defended by counsel is one of the fundamental elements of a fair trial: the right of a defendant to confer with his or her lawyer outside the hearing of a third party is one of the elementary requirements of a fair trial in a democratic society and derives from Article 6 § 3 (c) of the European Convention of HR.

Judgments

Italian criminal procedure allows Encrochat and Sky-Ecc encrypted messaging without algorithm (Cass. 23999/23)
When the material acquired with a European investigation order has been the subject of a decryption activity by the judicial authority of another member state, the unencrypted computer data, obtained…

Judgments

Defendant has the right to refuse personal information to investigation authorities (Costitutional Court, 111/23).

Italian Constitutional Court stenghtend right to silence of the defendant in criminal proceedings which now covers personal information about the defendant as well. 

Judgments

EPPO overrules jurisdiction refusal ground in EAW (Cass. 23941/23)

EPPO intervention removes national optional refusal  ground when the requested person is already being prosecuted in the Executing State for the same act.

Judgments

Double 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.

Useful Information

Italian prison system still violating fundamental rights (Antigone prison report, 2023)

XIX report by Antigone about prison conditions in Italy: overcrowding, suicides, torture. 

Judgments

Italian police officer convicted for blindfolding a suspect (Tr. Roma, 2832/23)

Italian police officer convicted for having an American teenager blindfolded and handcuffed shortly after he was arrested on suspicion of killing an officer.

 

Judgments

Unlawful EAW pretrial detention has to be compensated (Cass. 20255/23)

Unlawful pretrial detention of non executed European arrest warrant in Italy has to be compensated wihout any assessment of merits of the merits of the case. 

Judgments

EAW refused: lack of proportionality (Milan Court, May 2023)

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). 

Judgments

Italy has to compensate chain refoulement victim (Rome Court, May 2023)

The practice of informal readmission (refoulement, or pushback) violates  primary, constitutional and supranational norms and profoundly affects the legal sphere and freedom of the migrant, given that in the present case the applicant was stopped, detained, transferred to another place and handed over to the custody of the agents of a foreign country under the constant control of the authorities and without the possibility of evading the procedure ("chain refoulement"). 

Judgments

Asylum seekers in Italy risk inhuman and degrading treatment (Dutch Council of State, April 23)

Asylum seekers in italy risk inhuman and degrading treatment with deprivation of their most important basic needs, such as shelter, food and running water.

Useful Information

Professional misconduct of defense attorney in international criminal cooperation: remedies?

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

Judgments

Italian in absentia conviction, rescission denied if defendant didn't take interest (Cass. 13051/23)

Under Italian law, a in-absentia-convicted defendant may obtain the rescission of the judgment, if she/he proves that the absence is due to an non culpable lack of knowledge of  the trial: art 629 bis Italian criminal procedure code rules that it's the convicted person who must prove that 1) she/he had no knowledge of the trial, and 2) that the lack of knowledge was not due to her/his fault. 

 

Judgments

Appeal fails to rehear witnesses in overturning acquittal does not ban extradition (Cass. 11490/23)

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.

Judgments

EAW refusal of citizen: judgment to be enforced in Italy (Cass. March 2023)

When an European Arrest Warrant is refused by an Italian court due to Italian citizenship or EU residence  the judge has to  recognize the judgment of issuing state for the eonfrocemxet of the sentence in Italy. 

Judgments

EAW cannot be used for investigative purposes (Cass. 7861/23)

In European Union law, the European Arrest Warrant may not be issued exclusively for investigative purposes, which are detached from the prosecution in the requesting state, since alternative instruments of European cooperation in the common legal space - like European investigation order - are provided for the pursuit of legitimate investigative purposes.

Judgments

Effective knowledge of trial has no exceptions even in Regeni torture and murder case (Cass. 5675/23)

Defendants in a criminal trial have to be summoned properly in order to guarantee their right to a fair trial and lack of international diplomatic cooperation cannot justify an exception.

Judgments

Reticent information bans EAW surrender to Cyprus (Trento Court, /1/23)

Reticent and incomplete information about prison conditions  bans surrender in Cyprus investigative European Arrest warrant proceeding.  

Judgments

Extradition denial and EU ne bis in idem (Cass. 9068/23)

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.

Judgments

EU convictions and national criminal proceedings: FD 2008/675 in action (Cass. 3389/23)

Framework Decision 2008/675/JHA on taking account of EU convictions does not imply automatic recognition of any foreign judgment of EU member states but makes legal effects of said judgments equivalent to those resulting from previous Italian national convictions in accordance with national law.

Judgments

Greek executive EAW rejected, Chania has inhuman detention conditions (Trento Appellate Court, 2/23)

Greek executive EAW rejected, Chania prison has inhumane and degrading conditions due to overcrowding.

 

Judgments

Italian in absentia conviction: mutual legal assistance request regarding detention order and effective knowledge (Trieste Court, 23/1/23)

Request of mutual assistance in serving an execution order to an attorney canno automatically leads to an effective knowkledge presumtpio of the in absentia conviction.

Judgments

Administrative sanctions for copyright violations ban criminal conviction for ne bis in idem (Rovereto Court,. 2/23)

Copyrights violations sanctionend by an administrative fine cannot be punished twice (Engel criteria) with direct application of art 50 Charta. 

Judgments

EAW, furnishings and detention conditions in Greece (Cass.1317/23)

Furnishing space has to be deducted form individual space in detention: EAW rejected.

Judgments

EAW rules prevail on extradition rules in EU member states (Trento appellate court, 30.12.20022)

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

Judgments

Need for questioning allows European Arrest warrant (Cass. 46577/22)

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

Judgments

Guarantee of non extradition: Interpol Nortice issuing State has to be summoned (Cons,. Stato, Nov,. 2023)

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

Useful Information

EPPO Handbook 2022 EuLaw

EPPO defense for lawyers by practicioners.

Judgments

Generic supplementary information in EAW proceeding? (Cass. 44015/22)

The executing judicial authority in European Arrest Warrant cases cannot rely on generic information of issuing authority.

Judgments

Detention abroad and right to partecipate at an Italian criminal trial (Cass., 43200/22)

The right to attend an own hearing is a fundamental requirement of a fair trial: if the defendant is detained abroad, the Italian trial should halt. 

Judgments

Greek EAW supplementary information are insufficient to ensure human dignity (Bologna Court, 32/22)

EAW to Greece should be rejected despite supplementary information regarding detention conditions. 

 

Judgments

Extradition to China? Impossible (ECtHR, Liu vs Poland, 2022)

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.

Judgments

Ne bis in idem principle in Italian, European and International law (Cass. 32932/22)

Tthe principle of ne bis in idem constitutes neither principle nor custom of international law, but, at most, a "tendential principle which inspires the international order today": but in the EU .. 

Judgments

Diplomatic assurances allow extradition to Moldova (Cass. 32430/22)

Moldovian diplomatic assurances allow extradition even if there are negative CPT reports.

Judgments

Extradition to US of an EU citizen (Cass. 31287/22)

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.

Useful Information

Arrested for an European Arrest Warrant in Italy

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

Judgments

Due process requires transparency of evidence gathering in SKY ECC proceeding (Cass, 32915/22)

Sky ECC messaging can be used in Court only if its acquisition is transparent. 

Judgments

Dismissal of the case and EU ne bis in idem effect in extradition proceedings (Cass. 27384/22)

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

Judgments

Refoulment for public security reasons: unlawful if torture risk (TAR Lazio, 7048/22)

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.

Judgments

Diplomatic assurances and consequences of Russian withdrawal of ECHR (Cass. 18044/22)

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

Judgments

EPPO coordination prevents EAW denial due to pendency of domestic proceedings (Cass. 16561/22)

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).

Judgments

EPPO evocation bans optional refusal ground of an EAW for pending criminal proceeding (Cass., 16561/22)

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

Judgments

Opposing deportation to Lybia is not a crime: the Vos Thalassa case (Cass. 15869/22)
 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…

Judgments

Proportionality check in Polish EAW case (ITA Supreme Court 14937/22)

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

Judgments

Protection of childhood in EAW: request for preliminary ruling (ITA Supreme Court, 15143/22)

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

Judgments

Diplomatic assurances from Russia have to be stronger in times of war (Cass., 10656/22)

In times of war between russia and Ukraine, diplomatic assurances from Russia have to be particularly verified.

Judgments

Extradition, refugee status and subsidiary protection (Cass. 9682/22)

Administrative decision about refugee status is not binding in extradition proceedings, but its reasoning has to be taken into account. 

Judgments

Diplomatic assurances in extradition cases have to be verified (Supreme Court, 9680/22)

Diplomatic assurances in extradition proceedings have to be verified.

 

Judgments

Request for international protection does not stop extradition (TAR Lazio, 2022)

A pending request for international protection does not prevent international extradition.

Judgments

Convicted in Italy can serve an alternative sanction in the EU (It. Supreme Court, 5469/22)

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

Judgments

Compensation for mentally ill person who remains in detention despite a release order (ECtHR, SY vs Italy, 2022)

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

Judgments

Interpol red notice leads to arrest in Italy (Cass.47415/21)

Interpol red notice is sufficient for being arrested in Italy.

Judgments

No translation needed in Italian plea bargain proceedings with foreign defendants (Cass. 46852/21)

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

Judgments

Is right to health a new EAW refusal ground? (Corte Costituzionale, 216/21)

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

Judgments

German Court denied surrender of Asylum seeker to Greece (Bremen, 2021)
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.

Judgments

Home detention for EU citizens (Cass. 37739/21)

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

Judgments

Post Brexit extradition arrangments: the Italian way (It. Supreme Court, 34466/21)

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

Articles

Extradition of European citizens from an EU state other than the state of citizenship to third countries

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.

Judgments

Terrorism charges increase risk of torture and ban extradition (Cass. 18122/21)

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

Judgments

Europe has common asylum standard: EAW for refugee (Cass. 9821/21)

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

Useful Information

Italian European Arrest Warrant implementation law 

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. 

Articles

European supervision measures: Italian resistances to go beyond pretrial detention

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.

Judgments

Does EAW respect right to health? Italian Constitutional Court will rule (Court Appeal Milan, Jan 2021)

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.

Useful Information

Italian prison overcrowding, a solved problem?

Can Italian diplomatic assurances about prison overcrowding issue be trusted?

Articles

Trust needs facts, not words: diplomatic assurances in extradition proceedings

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

Judgments

Videoconference in French criminal courts violates fair trial rights (Conseil d’État, 27.11.2020)

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

Judgments

Presumption of innocence and compensation to victims (ECtHR, Pasquini 2020)

Compensation to crime victim without conviction violates presumption of innocence. 

Articles

Closed doors, virus infects Italian criminal trial

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

 

Judgments

Knowledge of trial and conviction has to be effective (Cass. 23948/20)

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

Useful Information

Schengen Information System and European Arrest warrant in Italy

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

Useful Information

Interpol Red Notice in Italy

Interpol red Notice abuse and defence in Italy.

Judgments

Mandatory credit of pretrial detention in extradition proceeding (Cass., 22257/20)

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

Judgments

Italian Government has to grant compensation to victims of violent intentional crimes (CJEU, 129/19)

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

Articles

Does the Covid19 disease infect the rule of law in Italy?

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

Useful Information

Extradition to Italy

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

Judgments

Carola Rackete's arrest was unlawful: saving people is a duty (Cass. 6626/20)

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.

Judgments

Unlawful pretrial extradition detention: compensation must consider suicide attempt (Cass. 50615/19)

Compensation for unlawful pretrial extradition detention under Italian law: psychological suffering and suiccide attempt count.

Judgments

Interpol red notice arrest doesn't give effective knowledge of trial (Cass. 37132/19)

Italian in absentia conviction cannot be justified with effective knowledge deriving an Interpol red notice arrest. 

Useful Information

Extradition lawyer in Italy

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

Judgments

Absent doesn't mean contumacious: new rescission not allowed (Supreme Court, 18624/19)
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…

Articles

Italian in absentia trial violates the right to a fair trial

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.

Judgments

TFUE, statute of limitations and Italian legal principles (Constitutional Court, 115/18)

Do Italian courts have to disapply certain provisions of Italian law concerning statutes of limitations due to European rules?

 

Judgments

SIS alert leads to arrest in Italy (ITA Supreme Court, 2018)
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.

Articles

European Prosecutor, a Trojan horse for fundamental rights protection?
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…

Useful Information

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

Useful Information

Drug offences in Italy: conspirancy, dealing and use

Use, detention and drug dealing in Italy.

Useful Information

Legal aid 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").

Judgments

EU ne bis in idem bans extradition to third state (Cass. 54467/16)
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.

Judgments

Ne bis in idem in extradition proceedings: a general principle of EU law (Cass. 54467/16)

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.

Judgments

EU court ruling and ne bis in idem in Italian extradition proceeding (It. Supreme Court, 54467/16)

EU Court ruling has a ne bis in idem effect in Italian extradition cases. 

Articles

Interpol: a weapon against Human Rights defenders?
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…

Useful Information

Extradition from Italy

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

Useful Information

Client - Attorney confidentiality in Italy: core value of democracy or just window dressing ?

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

Judgments

Italian ne is in idem between Constitution and ECHR (Corte Cost. 200/2016)

Italian ne is in idem: historical or legislative fact? 

Useful Information

Criminal records in Italy
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,…

Judgments

Mistakes of defense attorney prejudice definitively defendants rights (Cass. 18716/16)

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

Judgments

Italian in absentia conviction infringes human dignity (BVerfG 2735/15)

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

Articles

Treatment of classified information before the ECJ
  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.…

Useful Information

Taricco Judgement. Italian statute of limitations vs EU principle of effective punishment
Does the italian statute of limitation conflict with the need of an effective, proportionate and dissuasive criminal sanction against VAT fraud related cases? 1.

Judgments

Italy's police forces tortured peaceful protestes in Genova 2001 (ECtHR, 6884/11)

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”.

Useful Information

Implementing "EU Law" by Italian national judges: an introduction

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

Useful Information

Investigation and prosecution phase under italian criminal procedure
The Italian legal system is that of a civil law State, governed by codified law.

Judgments

Only consolidated interpretation requires national judges to apply ECHR (It. Constitutional court. 49/2015)

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.

 

Useful Information

Can a foreign attorney at law defend in Italy?

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.

Useful Information

Legal (attorney) fees in Italy

Legal fees in Italy: all you need to know.

Judgments

Double jeopardy under EU and Italian law
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…

Useful Information

International protection in Italy: asylum, humanitarian assistance
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.

Useful Information

Immigration in Italy: laws, procedures, tips
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…

Useful Information

Anti-money laundering regulations in Italy
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.

Useful Information

Minimum rules for the treatment of convicts, in and out of italian prison
Criminal responsibility is personal.  The defendant is not considered guilty until the final judgement is passed.

Useful Information

Arrested in Italy: an introduction

Arrested in Italy? Check your rights. 

Useful Information

The Constitution of Italian Republic
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.

Useful Information

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

Useful Information

Precautionary measures under Italian law: pretrial detention and more

Italian pretrial detention and the other precautionary measures.

Judgments

Italian prisons violate art 3 ECHR (ECtHR, Torreggiani 2013)

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

Useful Information

Judicial systems of the European Union countries (CEPEJ, 2013)
 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…

Judgments

Double 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. 

Useful Information

Basic principles of Italian criminal law
?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…

Useful Information

Practicing as an Italian attorney at law

Information about Italian avvocati.

Useful Information

Compensatory damages in Italian tort law
Damages are the remedy that a party requests the court award in order to try to make the injured party whole.

Useful Information

The Italian Public Prosecutor
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…

Articles

European Prison Rules COE Rec(2006)2
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.

Useful Information

The Italian legal system
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.

Judgments

Italian cumulation order, speciality principle and EAW (Cass. 734/11)
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…

Judgments

40 days term for extradition request applies to every pretrial detention (Cass. 41728/10)

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.

Judgments

EU rights of the defence (CJEU, 550/07)
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…

Judgments

Torture to save human life (ECHR Gäfgen v. Germany, 2010)
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…

Useful Information

Effective Criminal Defence in Europe: Italy
Every year, millions of people across Europe ? innocent and guilty ? are arrested and detained by the police.

Judgments

Ignorance of basic rules by defense attorney cannot prejudice rights of defendant (Cass. 35149/09)

Professional mistakes of the defense attorney cannot prejudice defense rigths.

Judgments

EAW, duoble criminality check considers time of facts (Cass.
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…

Judgments

Balancing fundamental rights with economic freedoms? (ECJ, C-109/04)
Aims of a purely economic nature cannot constitute pressing reasons of public interest justifying a restriction of a fundamental freedom guaranteed by the Treaty.

Judgments

Fighting Terrorism within the Law

"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.)

Judgments

Defense attorneys and rule of law (ECtHR, Elci vs Turkey, 2004)

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. 

Useful Information

.. how can a criminal defense attorney defend criminals?

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

Useful Information

Italian Criminal Procedure Code

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)

Judgments

Invasive methods for evidence purpose requirements (Corte Cost., 238/96)
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…

Judgments

Lifeboat case: is murder allowed by necessity? (Queen vs. Dudley and Stephens)
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…