Preventive measures during the extradition proceedings in Italy.
Coercive measures and seizures during the extradition.
According to the Criminal procedure code of Italy, the person whose extradition is requested by other country, may be subjected, upon the request of the Minister of Justice, to coercive measures. Likewise, the Ministry of Justice can ask the seizure of the corpus delicti and the things related to the crime.
In the application of coercive measures, the court shall take into account the need to ensure that the person whose extradition is requested does not elude the eventual extradition.
Coercive measures and seizures cannot be granted if there are reasons to believe that there are no conditions for a favorable judgment about the extradition. The coercive measures must be revoked if the court doesn't deliver a judgment on the extradition's request within 1 year or 1 year and half in the case of appeal before the Supreme Court against the judgment that granted the extradition.
Upon the request of the General Attorney, the terms may be extended several times if there is the need of particularly complex investigations., for a period no longer than three months.
The competent court for the decision about the extradition and the preventive measures, is the Court of Appeal or, in some cases, the Supreme Court (Corte di Cassazione).
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Published on 15 April 2016
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