Extradition from Italy.
Extradition according to Italian Criminal Law.
The extradition is the only means by which a person may be surrendered to a foreign State for the enforcement of a foreign judgment of imprisonment or other measure restricting his personal freedom.
Extradition can not be granted for the political offenses or if there is a reason to believe that the person will be subjected to persecution or discrimination for reasons of race, religion, sex, nationality, language, political opinions or personal or social conditions or to cruel, inhuman or degrading treatment or acts which constitute a violation of fundamental rights of the person.
The extradition can not be granted if the person is under process or has previously been judged in Italy for the same facts and the same conduct.
The Ministry of Justice is the competent authority on all requests of extradition arriving from foreign authorities, but the extradition can not be granted without a favorable decision by the Court of Appeal. Against the Court of Appeal's judgment the convicted or accused person can appeal before the Supreme Court in Rome (Corte di Cassazione).
However, the trial before the Court of Appeal is not necessary if the accused or convicted consents to the extradition's request. The consent must be expressed in the presence of his lawyer.
If you need some legal assistance on extradition in Italy, don't hesitate to contact Criminal Lawyers in Italy
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Published on 03 February 2014
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