Italian law implementing Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States.
(unofficial translation, Italian original here )
Learn more about European arrest Warrant defense in Italy.
Some tips about how to choose an extradition lawyer in Italy.
LAW No 69 of 22 April 2005
as amended by law N. 10/2021 ((double round brackets show amended articles)).
Provisions to bring domestic law in line with Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States.
updated February 2021
TITLE I
PRINCIPLES
The Chamber of Deputies and the Senate of the Republic have approved; the President of the Republic promulgates the following law:
ART. 1. (Principles and definitions).
1. This law implements in national law the provisions of provisions of Council Framework Decision 2002/584/JHA of 13 June 2002, hereinafter referred to as the "Framework Decision", on the European arrest warrant and surrender procedures between Member States of the European Union Member States of the European Union ((...)).
2. The European arrest warrant is a judicial decision issued by a Member State of the European Union, hereinafter referred to as the 'issuing Member State', with a view to arrest and surrender by another Member State, hereinafter referred to as the 'executing Member State executing Member State', of a person, for the purpose of prosecuting prosecution in criminal matters or the execution of a custodial sentence or of a custodial security measure involving deprivation of liberty.
((3. Italy shall execute the European arrest warrant on the basis of the principle of mutual recognition, in accordance with provisions of the Framework Decision and of this law, provided that the European arrest warrant is issued by a judicial authority and when it is issued for the purpose of executing a sentence or a detention order involving deprivation of liberty the judgment to be executed is enforceable.))
((3-bis. The arrest warrant shall be executed by the competent authorities competent authorities with the utmost urgency.
3-ter. Italy shall not execute European arrest warrants issued by a Member State in respect of which the Council of the European UnionEuropean Union has suspended the implementation of the mechanism of the European arrest warrant mechanism for serious and persistent breach of the principles enshrined in Article 6(1) of the Treaty on European Union within the meaning of point (10) of the recitals in the preamble to the Framework Decision).
The provisions of this Act constitute implementation of the Joint Action on judicial cooperation in criminal matters criminal judicial cooperation, within the meaning of Articles 31(1)(a) and (b)(a) and (b), and 34(2)(b) of the Treaty on European Union European Union, as amended.
4-bis. The provisions of this Law also constitute implementation of the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway, done at Vienna on 28 June 2006, on the surrender procedure between the Member States of the European Union and Iceland and Norway, an agreement which applies to the extent in so far as its provisions are not incompatible with the principles of the constitutional order regarding fundamental rights and freedoms.
4-ter. References in the provisions of this Law to the 'European Arrest Warrant' and to 'Member State' shall be understood to be made, in the context of the surrender procedure with Iceland or Norway, respectively, to the "arrest warrant" which is the subject of the Agreement referred to in paragraph 4a and to the Republic of Iceland or the Kingdom of Norway.
((4-quater. Italy continues to apply the agreements or arrangements bilateral or multilateral, in force at the time of the adoption of the Framework Decision, when they contribute to the better and more effective achievement of the objectives of the Framework Decision and further simplify or facilitate the surrender of requested persons wanted persons.
4-quinquies. Within thirty days from the date of entry into force of this provision, upon proposal of the Minister of Justice, the Government shall notify to the Council and the Commission the list of the specific agreements and arrangements, indicated in subparagraph 4-quater, which Italy intends to continue to apply)).
ART. 2. (( (Respect for fundamental rights and constitutional guarantees)))
((1. The execution of the European arrest warrant may not, in under no circumstances entail a violation of the supreme principles of the constitutional order of the State or of the inalienable rights of the person recognised by the Constitution, of the fundamental rights and fundamental legal principles enshrined by Article 6 of the Treaty on European Union or of the fundamental rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, made enforceable by Law No. 848 of 4 August 1955, and by the Additional Protocols thereto)).
ART. 3. (Application of the parliamentary reservation).
1. Amendments to Article 2, paragraph 2, of the Framework Decision shall be subject to parliamentary reservation by the Government.
2. The President of the Council of Ministers shall transmit to Parliament the relevant draft amendments, together with a report explaining the state of negotiations and the impact of the provisions on the Italian legal system, requesting their opinion thereon.
((3) The unfavourable pronouncement of the Chamber of Deputies or of the Senate of the Republic shall be binding on the Government)).
ART. 4. (Central Authority).
1. In relation to the provisions of Article 7 of the Framework Decision Framework Decision, Italy designates as central authority to assist the competent judicial authorities the Minister of Justice.
2. The Minister for Justice shall be responsible for the transmission and administrative receipt of European arrest warrants and of official correspondence relating thereto.
3. If the Minister of Justice receives a European arrest warrant from the issuing Member State, shall forward it without delay to the judicial authority having territorial jurisdiction. If he receives a European arrest warrant from the Italian judicial authority, he shall shall forward it without delay to the executing Member State.
4. Within the limits and in the manner provided for by international agreements international agreements, direct correspondence between judicial authorities may be allowed under conditions of reciprocity. In this case the competent judicial authority shall immediately inform the Minister Justice of the receipt or issue of a European arrest warrant European arrest warrant. The competence of the Minister of Justice for the purposes of Article 23(1).
Learn more about European arrest Warrant defense in Italy.
TITLE II
INTERNAL TRANSPOSITION RULES
CHAPTER I
PASSIVE PROCEDURE OF SURRENDER
ART. 5. (Jurisdictional guarantee).
1. The surrender of an accused or convicted person abroad shall not may be granted without the favourable decision of the court of appeal.
2. The competence to execute a European Arrest Warrant shall belong, in the order, to the court of appeal in whose district the accused or sentenced person has his residence, abode or domicile at the time when the order is received by the authority judicial authority.
3. If jurisdiction cannot be determined pursuant to paragraph 2. If the jurisdiction cannot be determined according to paragraph 2, the Court of Appeal of Rome shall have jurisdiction.
4. When the same act is the subject of arrest warrants issued at the same time by the judicial authority of a Member State of the European Union for several persons and it is not possible
to determine the jurisdiction pursuant to paragraph 2, the competent court of appeal of the district in which most of the persons have their residence, abode or domicile or residence, residence or domicile of the greatest number of persons or, if also in this way jurisdiction cannot be determined in this way, the Court of Appeal in Rome shall have jurisdiction.
5. If the person has been arrested by the police pursuant to Article 11, the jurisdiction to decide on the surrender shall lie with the court of appeal of the district surrender belongs to the court of appeal of the district in which the arrest took place.
ART. 6. (Content of the European arrest warrant in the passive surrender procedure)
1. The European Arrest Warrant must contain the following information:
(a) identity and nationality of the requested person
(b) name, address, telephone and fax number, e-mail address of the issuing judicial authority
(c) indication of the existence of an enforceable judgment, a protective measure or any other enforceable judgment having the same force and falling within the scope of application of Articles 7 and 8 of this Law
(d) the nature and legal classification of the offence
(e) description of the circumstances of the commission of the offence including the time, place and degree of participation of the wanted person;
(f) sentence imposed, if there is a final judgment, or, in other cases other cases, minimum and maximum penalty established by the law of the issuing State of the issuing State;
(g) as far as possible, the other consequences of the offence.
((1-bis. When it has been issued for the execution of a a custodial sentence or a detention order depriving a person of his liberty applied as a result of a trial at which the person concerned did not the European arrest warrant shall also contain an indication of at least one of the following conditions:
(a) the person concerned was promptly summoned in person or in such a way as to guarantee unequivocally that he or she was aware of the date and place of the trial which led to the decision rendered in his absence and of the fact that the decision could also have been made in his absence;
(b) the person, having been informed about the trial against him or her, was represented at the trial resulting in the abovementioned decision by a legal counsellor, either appointed by the person concerned or ex officio;
(c) the person concerned, having been served with the decision of which enforcement is sought and informed of the right to a retrial trial or of the right to start the appeal proceedings, in which he or she has the right to participate and which allows a review of the merits of the decision, and
merits of the decision, as well as, also by means of the bringing of new evidence, the possibility of its reform, has declared expressly stated that he or she does not contest that decision or did not request the renewed the trial or lodged an appeal within the time limit;
(d) the person concerned has not been personally served with the decision but will be personally served with it without delay after the surrendered in the issuing Member State and will be expressly informed either of the right to a retrial or to lodge an appeal, in which he or she has the right to participate and which allows a review on the merits, as well as, including by through the bringing of new evidence, the possibility of a reform of that decision, and of the time-limits within which he may request a retrial or appeal for a trial appeal)).
2. If the European arrest warrant does not contain the information referred to in (a), (c), (d), (e) and (f) of subparagraph 1, ((or the indication of the existence of at least one of the conditions referred to in subparagraph 1-bis,)) the judicial authority shall proceed in accordance with Article 16. Similarly, when it considers it necessary to obtain further elements in order to verify whether one of the cases provided for in Articles 18 ((, 18-bis, 18-ter)) and 19.
3. ((paragraph repealed by legislative decree no 10 of 2 February 2021)).
4. ((paragraph repealed by legislative decree no 10 of 2 February 2021)).
5. ((paragraph repealed by legislative decree no. 10 of 2 February 2021)).
6. ((paragraph repealed by legislative decree no. 10 of 2 February 2021)).
7. The European arrest warrant must be received translated into Italian language.
ART. 7. (Cases of double criminality).
1. Italy ((shall)) execute the European arrest warrant only in the following cases where the act is also a criminal offence under national law ((irrespective of the legal classification and the individual constituent elements of the offence)).
((2) For the purposes of paragraph 1, for offences relating to taxes and taxes, customs and exchange, it is not necessary that the law Italian law imposes the same kind of taxes or duties or contains the same kind of same type of tax, duty, customs and exchange regulations as the law of the Member State and exchange regulations as the law of the issuing Member State.))
3. ((The European arrest warrant shall in any case not be executed if the offence is punishable under the law of the issuing Member State by a custodial sentence or a security measure involving deprivation of liberty with a ((...)) duration of less than twelve months. ((period deleted by legislative decree no 10 of 2 February 2021)).
4. In the case of the execution of a conviction, the sentence or the security measure shall be for a period of not less than four months.
ART. 8. (Mandatory surrender).
((1) By way of derogation from Article 7(1), the European Arrest Warrant shall be executed irrespective of dual criminality for offences which offences which, according to the law of the issuing Member State fall within the categories referred to in Article 2(2) of the Framework Decision and are punishable by a custodial sentence or a detention order deprivation of liberty of three years or more).
2. ((paragraph repealed by legislative decree no 10 of 2 February 2021)).
3. ((paragraph repealed by legislative decree no. 10 of 2 February 2021)).
ART. 9. (Receipt of the arrest warrant. Precautionary measures).
1. Except for the cases provided for in Article 11, the Minister of Justice, upon receipt of the European arrest warrant issued by the competent authority of a Member State, shall forward it without delay to the delay to the President of the Court of Appeal, competent according to Article 5. The President of the Court of Appeal shall immediately send a communication to the public prosecutor of the European arrest warrant, proceeding directly, or delegating another judge of the court, with the steps within his competence. The President of the Court of Appeal shall proceed in the same way in cases where the arrest warrant ((has been transmitted)) directly by the judicial authority of the issuing Member State.
2. The President shall, in the event of difficulties relating to the receipt or authenticity of the documents transmitted by the foreign judicial authority, he shall make direct contact with the foreign judicial authority in order to resolve them.
3. The President shall, where it is manifestly competent another court of appeal within the meaning of Article 5(3), (4) and (5) shall without delay transmit the arrest warrant received.
4. The President, having completed the urgent steps, shall convene the Court of Appeal which, after hearing the public prosecutor, shall proceed with reasoned order, on penalty of nullity, to apply the coercive measure coercive measure, if deemed necessary, taking into account in particular the need to ensure that the person whose surrender is requested.
((5) The provisions of Chapters I, II, IV and VIII of I, II, IV and VIII of Title I of Book IV of the Code of Criminal Procedure criminal procedure, concerning personal pre-trial supervision measures, with the exception of Articles 273, 274(1)(a) and (c), 280, 275(1)(a) and (c) 2-bis, 278, 279, 297, as well as the provisions of Articles 299 and300, paragraph 4, of the Code of Criminal Procedure and Article 19, paragraphs 1, 2 and 3, of Presidential Decree No. 448 of 22 September 1988. September 1988, No 448.))
5-bis. Upon execution of the order referred to in paragraph 4, the officer or agent of the judicial police shall also inform the person whose surrender is requested that he has the right to appoint a lawyer in the issuing State. Of the appointment or of the person's wish to have legal counsel in the issuing State The President of the Court of Appeal shall forthwith notice to the competent authority thereof.
6. Coercive measures may not be ordered if there are reasons to believe that there are grounds for refusing surrender.
7. The provisions of Article 719 of the Code of criminal procedure shall apply.
ART. 10. (Commencement of proceedings).
1. Within five days of the execution of the measures referred to in Article 9, and in the presence of a court appointed lawyer pursuant to Article 97 of the Code of Criminal Procedure, in the absence of defence counsel appointed by the defendant, the President of the Court of Appeal, or the delegated magistrate, proceeds to hear the person subject to the pre-trial measure, informing him, in a language known to him of the content of the European arrest warrant and the procedure for its execution execution, as well as of the possibility of consenting to his own surrender to the requesting judicial authority and to waive the the benefit of not being subject to other criminal proceedings, not being not to be sentenced or otherwise deprived of liberty for offences preceding the surrender other than the one for which the surrender has been ordered. ((The person surrendered shall also be informed that consent and renunciation, once given, are not revocable.))
2. The defendant shall be notified of the date set for the performance of the activities referred to in paragraph 1 at least twenty-four hours in advance.
3. Notice of the order referred to in Article 9 shall be given, at the request of the arrested person, to the family members or, in the case of the competent consular authority.
((4) The President of the Court of Appeal, or the magistrate delegated by him, at the end of the activities provided for in paragraph 1, shall order the deposit of the European arrest warrant and at the same time set the hearing in chambers for the decision within the term of fifteen days from the execution of the measure, by decree of which gives an immediate reading to the requested person, in a language known to him him, and to his defence counsel. The decree shall be communicated to the public prosecutor immediately and, in any case, not later than the following day. The provisions of Article 702 of the Code of Criminal Procedure shall apply.))
((4-bis. In cases where the court of appeal does not apply to the requested person any precautionary measures, the presiding judge of the court of Appeal, or the magistrate delegated by him, at the outcome of the deliberation adopted pursuant to Article 9(4), fixes by decree the decree the hearing for the decision not later than fifteen days thereafter following and at the same time orders the deposit of the warrant of arrest warrant. The decree is communicated to the public prosecutor and notified to the person requested to be surrendered and to his lawyer at least five days before the hearing. The provisions of Article 702 of the Code of Criminal Procedure shall apply).
ART. 11. (Arrest at the initiative of the police).
1. In cases where the competent authority of the Member State has made an alert in the Schengen Information System (SIS) in the required form, the judicial police shall arrest of the wanted person, placing him immediately, and in any event no later than more than twenty-four hours, at the disposal of the president of the court of appeal court in whose district the order was executed, by forwarding the relevant report, and immediately informing information to the Minister of Justice.
2. The Minister of Justice shall immediately inform the requesting Member State of the arrest for the purpose of forwarding the arrest warrant ((...)).
ART. 12. (Procedures following arrest on the initiative of the police).
1. The judicial police officer who made the arrest pursuant to Article 11 shall inform the person, in a language he or she understands of the warrant issued and of its contents, and shall give him/her a written communication, drafted in a clear and precise manner informing him or her of the possibility of consenting to his or her his surrender to the issuing judicial authority and informs the person of the right to appoint a defence counsel and the right to be be assisted by an interpreter. In the event that the arrested person does not appoint a defence counsel, the police shall proceed immediately identify a court appointed lawyer within the meaning of Article 97 of the Code of Criminal Procedure.
((1-bis. The provision of Article 9, paragraph 5-bis, first sentence shall apply. ))
- The police shall give timely notice of the arrest to the defence counsel.
- The arrest report shall record, under penalty of nullity, the fulfilments indicated in paragraphs 1 and 2, as well as the ascertainments the identification of the arrested person.
- This Article shall be implemented by using the ordinary funds of the Ministry of Justice.
ART. 13. (Validation).
1. Within forty-eight hours of receipt of the arrest report the President of the Court of Appeal or a magistrate of the court delegated by him, having informed the public prosecutor, shall proceed, in a language known to him/her and, if necessary, in the presence of an interpreter, to hear the arrested person in the presence of a court appointed lawyer appointed in the absence of a defence counsel of choice of the person ((and to provide him with all the information concerning the possibilities indicated in Article 10(1)). In the event that the arrested person is detained in a place other than the place where the arrest was executed, the President of the Court of Appeal may delegate for the fulfilments referred to in Article 10 the president of the territorially competent court, without prejudice to his competence jurisdiction with respect to the measures referred to in paragraph 2.
If it is evident that the arrest has been carried out by mistake person or outside the cases provided for by law, the President of the court of appeal, or the magistrate of the court delegated by him orders by reasoned decree that the detained person be set free immediately in liberty ((and proceeds to fulfil the obligations provided for in Article 10, paragraph 4-bis)). Outside this case, the validation shall be carried out of the arrest by order pursuant to Articles 9 and 10
((and the issuance of the decree referred to in Article 10, paragraph 4, of which shall be read out)).
The alert ((of the person in the SIS made by the competent authority)) shall be equivalent to an arrest warrant provided it contains the information referred to in Article 6.
ART. 14. (Consent to surrender).
((1) When hearing the person whose surrender has been requested pursuant to Articles 10 (1) and 13 (1), the President of the Court of Appeal, or the magistrate delegated by him/her if the person consents to the surrender or renounces the benefit referred to in Article 10(1), he/she shall take these statements in the presence of presence of the defence counsel and, if necessary, the interpreter. The consent and waiver shall be recorded in a special report, in which the circumstances and the manner in which the person person requested to be surrendered has declared that he/she is availing him/herself of those consent. When the person has consented to the surrender, the president of the court of appeal, or the magistrate delegated by him shall within the following four days fix the hearing in chambers for decision, by decree of which he shall immediately read out to the person whose surrender is requested, in a language known to her/him, and to his lawyer. The decree shall be communicated to the public prosecutor immediately and, in any case, within the following twenty-four hours.
2. Consent and waiver may also be expressed during during the hearing before the Court of Appeal fixed pursuant to Article 10(4) and (4a), until the conclusion of the discussion. In that case, the court shall collect the consent and the waiver, in the manner described in paragraph 1, after having provided to the person whose surrender is requested all the information regarding the possibilities set forth in Article 10, paragraph 1, unless the person has already received it).
3. Consent shall be irrevocable. ((period deleted by legislative decree no. 2 February 2021, no. 10)).
4. Where the consent has been validly given, the court of appeal shall, by order ((...)), decide on the request for execution, after hearing the public prosecutor the defence counsel and, if he or she has appeared, the person requested to be surrendered. (Where, owing to the need to obtain the information referred to in Article 16 or to other objective circumstances, it is not possible to take the decision within the period referred to in paragraph 1, the said period time limit may be extended, by decree of the President of the Court of Appeal, by up to three days.
((5) The Court of Appeal shall, at the conclusion of the hearing provided for in Article 10(1), third sentence, and (4), second sentence, or at the hearing provided for in Article 10(4) and (4a), read out the decision. The reading shall be equivalent to service of the order on the parties, even if if not present, who shall be entitled to a copy of the order. The order, after the expiry of the time limit for lodging an appeal provided for in Article 22, paragraph 5-bis, shall be immediately communicated to to the Minister of Justice, who shall inform the competent authorities of the issuing Member State and also, when no appeal has been lodged and the order orders
appeal has been lodged and the order orders surrender, the Service for International Police Cooperation. When an appeal has been lodged, the Minister of Justice shall inform the competent authorities of the Member State that the appeal is the ground which has prevented the adoption of the final decision on the execution of the arrest warrant within the ten days following the expression of consent)).
ART. 15. (Provisional measures pending the decision).
1. If the European arrest warrant has been issued in the course of criminal proceedings criminal proceedings, the presiding judge of the court of appeal, at the request of the request of the issuing judicial authority ((...)), shall authorize the interrogation of the person requested to be surrendered, or orders the temporary transfer to the issuing Member State.
2. When authorising the questioning of the person requested to be surrendered, the President of the Court of Appeal shall inform the Minister of Justice for prompt communication to the requesting judicial authority and for any necessary arrangements including with regard to the date of taking of the act. The interrogation is carried out by a magistrate of the court of appeal designated by the presiding President, with the assistance of the person designated, if any
by the requesting authority in accordance with the law of the issuing Member State and the interpreter, if necessary. They are observance of the forms and safeguards provided for interrogation by Articles 64, 65, 66 and 294(4) of the Code of Criminal Procedure shall be observed. Minutes are taken of the interrogation.
((2-bis. Where the person requestd to be surrendered is in another Court district, the President of the Court of Appeal may delegate the questioning referred to in subsection 2 to the President of the territorially competent court.))
3. When ordering the temporary transfer of the person requested to be surrendered, the President of the Court of Appeal shall inform the Minister of Justice for timely communication to the requesting judicial authority also for the purpose of the necessary arrangements concerning the conditions and duration of the transfer. Si account shall in any case be taken of the need for the person to be made returned so as to be able to take part in the hearings concerning the procedure for the execution of the arrest warrant.
ART. 16. (Additional information and investigations).
1. Where the court of appeal does not consider sufficient the information transmitted by the issuing Member State, ((...)), ((it urgently requests)) the issuing Member State, directly or through the Ministry of Justice, for the necessary additional information. In each case, it shall set a time limit for the requested information, ((taking into account the need to respect the time limits laid down in Article 14, paragraph 4, or Article 17, paragraph 2-bis, for the adoption of its decision)).
2. The court of appeal, ex officio or at the request of the parties, may also order any further inquiry it deems necessary ((, in compliance with the time limits laid down in Article 14(4) or Article 17, paragraph 2-bis, for the adoption of the decision.))
ART. 17. (Decision on the request for execution).
1. Without prejudice to Article 14, the court of appeal shall decide with a judgment in chambers on the existence of the conditions for granting the request for surrender, after hearing the public prosecutor, the defence counsel and, if he appears, the person requested surrender, as well as, if present, the representative of the requesting State.
2. The decision shall be given ((as soon as possible as possible and, in any case, within fifteen days of the execution of the supervision measure referred to in Article 9 or, in the case provided for in Article 11, of the arrest of the requested person)).
((2-bis. When, for the need to acquire the information referred to in referred to in Article 16 or for other objective circumstances, it is not possible to comply with the time limit set out in paragraph 2, it may be extended by decree of the President of the Court of Appeal by up to ten days)).
3. Where the wanted person benefits from an immunity ((or a privilege recognised)) by Italian law, ((the Court of Appeal shall inform the issuing State and the time limit for decision begins to run only if and from the day on which the court of appeal has been informed that the immunity
((or privilege no longer operates)). If the decision on the exclusion of immunity is a matter for an organ of the Italian State the court shall forward ((immediately)) the request.
4. If there are no grounds for refusal, the court of appeal shall pronounce judgment ordering the surrender of the wanted person ((...)).
5. When the decision is contrary to the surrender, the court of appeal shall immediately revoke the supervision measures applied.
6. The judgment shall be given, at the end of the council chamber immediate reading. The reading shall be equivalent to service on the parties, even if not present, who shall be entitled to obtain a copy of the decision.
((7) After the expiration of the time limit for appeal provided for in Article 22(1), the judgment shall be communicated to the Minister of Justice, who shall inform the competent authorities of the issuing Member State and also when no appeal has been lodged and the decision is of surrender, the Service for International Police Cooperation police cooperation service))
ART. 18. (( (Grounds for mandatory refusal to surrender).))
((Without prejudice to the provisions of Articles 1(3) and (3-ter), 2 and 7, the court of appeal shall refuse surrender in the following cases:
(a) if the offence charged in the European arrest warrant is extinguished by amnesty under Italian law, when there is Italian jurisdiction
(b) if it appears that an irrevocable criminal judgment or decree or a non-judgment has been issued in Italy against the requested person for the same facts irrevocable, or a judgement of 'no prosecution' no longer subject to appeal, or appealed or, in another Member State of the European Union, a final judgment European Union, a final judgment, provided that, in the event of conviction, the sentence has already been executed or is in the process of being executed, or can no longer can no longer be enforced under the laws of the sentencing State conviction;
(c) if the person who is the subject of the European arrest warrant was a minor 14 years of age at the time of the commission of the offence))
-------------
NOTA BENE
The Constitutional Court, by judgment 21 - 24 June 2010, no. 227 (in G.U. 1a s.s. 30/6/2010, no. 26), declared "the inconstitutionality of Article 18(1)(r) of Law No. 69 of 22 April 2005, no. 69 (Provisions to conform domestic law
to Council Framework Decision 2002/584/JHA of 13 June 2002, on the European arrest warrant and the surrender procedures between Member States), insofar as it does not provide for the refusal to surrender also of a national of another Member State of the European Union European Union, who lawfully and effectively resides or residence in Italian territory, for the purposes of the enforcement of the sentence of imprisonment in Italy in accordance with domestic law'.
ART. 18-bis. (( (Grounds for optional refusal of surrender).))
((1. When the European arrest warrant has been issued for the purpose of prosecution in criminal matters, the court of may refuse surrender in the following cases
(a) if the European arrest warrant concerns offences which under Italian law are regarded as offences committed in whole or in part in its territory, or in a place assimilated to its territory, or offences committed outside the territory of the issuing Member State, if Italian law does not allow criminal prosecution for the same offences committed outside its territory;
(b) if criminal proceedings are pending against the requested person for the same offence as that on which the European arrest warrant is based.
2. When the European arrest warrant has been issued for the purpose of executing a custodial sentence or detention order, the court of appeal may refuse to surrender of the requested person who is an Italian national or citizen of another Member State of the European Union lawfully and effectively residing or effectively residing or staying in the Italian territory for at least five years, provided it orders that such sentence or security measure security measure is executed in Italy in accordance with its national law domestic law).
ART. 18-ter. (( (Decisions pronounced in absence).))
((1. When the European arrest warrant has been issued for the purpose of the execution of a penalty or a security measure applied at the outcome of a trial at which the person concerned did not appear in person in person, the court of appeal may also refuse to surrender the person if the European arrest warrant does not contain the indication of any of the conditions set out in Article 6(1a) and the issuing State has not indicated any such conditions even following a request made pursuant to Article 16.
2. In cases referred to in paragraph 1, the court of appeal may, however, give rise to surrender if it is proved with certainty that the person concerned had knowledge of the trial or that he or she has
voluntarily evaded knowledge of the proceedings.
3. When the conditions set forth in Article 6, paragraph 1-bis, letter d), the person whose surrender is requested who has not previously been informed of the criminal proceedings held against him/her, may request the transmission of a copy of of the judgment on which the European arrest warrant is based. The request shall not, under any circumstances, constitute grounds for postponing the the surrender procedure or the decision to execute the European arrest warrant. The court of appeal shall immediately forward of the request to the issuing authority.))
ART. 19. (( (Guarantees required from the issuing Member State in particular cases).
particular cases). ))
((1. The execution of the European arrest warrant by the by the Italian judicial authority, in the cases listed below, is subject to the following conditions
(a) if the offence on the basis of which the European arrest warrant was issued is punishable by a custodial sentence or a detention order deprivation of liberty for life, the execution of the warrant is subject to the condition that the issuing Member State provides in its legal system for review of the sentence imposed, on application or after a maximum of 20 years has elapsed, or the application of measures of clemency to which the person is entitled under the law or practice of the issuing Member State, so that the penalty or security measure is not executed;
(b) if the European arrest warrant has been issued for the purpose of prosecuting an Italian national or a national of of another European Union Member State lawfully and effectively residing in Italian territory for at least five years years, the execution of the warrant is subject to the condition that the person, after being tried, is returned to the Italian State in order to serve there the sentence or security measure deprivation of liberty which may have been imposed on him in the issuing Member State).
ART. 20. (Concurrence of requests for surrender).
1. When two or more Member States have issued a European arrest warrant against the same person, the court of decide which of the arrest warrants shall be executed, taking into account all relevant factors of assessment and, in particular, the seriousness of the offences for which the warrants were issued, the place where the offences were committed and the dates on which the arrest warrants were issued and considering, in this context, whether the warrants were issued in the course of criminal proceedings criminal proceedings or for the execution of a penalty or security measure deprivation of liberty.
2. For the purposes of the decision referred to in paragraph 1, the Court of Appeal may order any necessary investigation and request an advice from Eurojust.
3. When, in respect of the same person, a European arrest warrant and an extradition request have been issued by a third State, the court of appeal competent for the arrest warrant shall, after hearing the Minister for Justice, shall decide whether the precedence to the arrest warrant or to the extradition request taking into account the seriousness of the facts, the order in which the requests are made of the requests and any other element useful to the decision.
ART. 21. ((article repealed by legislative decree no. 10 of 2 February 2021)) .
ART. 22. (Appeal in Cassation).
((1. Against the judgement referred to in Article 17, the person concerned, his defence counsel and the Attorney General at the court of appeal may lodge an appeal in cassation, within five days from the legal knowledge of the judgment, only for the grounds, stated at the same time, referred to in letters a), b) and c) of paragraph 1 of Article 606 of the Code of Criminal Procedure.
2. The appeal shall be filed in the registry of the court of appeal that issued the measure, which shall transmit it to the Court of Cassation, with absolute precedence over any other business and in any case within the next day, together with the contested measure contested measure and the procedural documents. The lodging of the appeal suspends the enforcement of the judgment referred to in Article 17(1))).
3. The Court of Cassation shall decide by judgment within ((ten)) days from the receipt of the documents in the form referred to in Article 127 of the Code of Criminal Procedure. The notice to the parties shall be served at least ((three)) days before the hearing.
4. The decision shall be filed at the conclusion of the hearing with the simultaneous statement of reasons. If the drafting of the reasonment is not possible, the Court of Cassation, having however read the operative part, shall file the reasoning no later than the ((second)) day after the ruling.
5. A copy of the decision shall be immediately transmitted, also by telefax, to the Minister of Justice ((, who, except in the cases of paragraph 6, shall inform the competent authorities of the issuing State of issue and also, when the decision is of acceptance, the Service for International police cooperation department)).
((5-bis. Against the order referred to in Article 14, paragraph 5, the person concerned, his defence counsel and the Attorney General at the court of appeal may lodge an appeal in cassation, within three days from the legal knowledge of the order, only for the grounds, stated at the same time, referred to in letters a), b) and c) of paragraph 1 of Article 606 of the Code of Criminal Procedure. The appeal shall be lodged at the registry of the court of appeal that issued the decision, which shall transmit it to the Court of cassation, with absolute precedence over any other business and in any case within the next day, together with the contested measure and the documents of the proceedings. The lodging of the appeal suspends the execution of the order referred to in Article 14(4). The Court, within seven days of receipt of the documents, shall deliberate in chambers on the grounds of appeal and the requests of the public prosecutor without the intervention of defence counsel and lodges the decision with the grounds at the end of the hearing, also providing, outside the cases referred to in paragraph 6, the fulfilments indicated in paragraph 5.)
((6) When the Court of Cassation annuls the decision with referral, the acts shall be transmitted immediately, with absolute precedence over any other business and, in any case, within the day following the lodging of the full reasoning, to the referring court. In the cases referred to referred to in paragraph 1, the referring court shall decide within ten days of
receipt of the documents, notifying the parties by decree served at least four days before the hearing. In the cases referred to paragraph 5-bis, the time limits referred to in the second sentence shall be reduced by half).
ART. 22-bis. (( (Notification to the issuing Member State. Time limits for the decision and measures regarding precautionary measures). ))
((1) If the final decision on the surrender request, in the absence of consent, does not take place within 60 days after the execution of the supervision measure or the arrest of the person wanted person or the decision not to apply any measure, the court before which the proceedings are pending shall immediately inform of the delay and the reasons for it to the Minister of Justice, so that the requesting judicial authority may be notified. For the same purposes, where there is consent to surrender, the court of appeal shall inform the Minister of Justice of the reasons that prevented the decision from being taken within ten days of the date on which the consent was given.
2. If, due to exceptional circumstances, the final decision on the request for surrender is not made within 30 days after the expiry of the time limits referred to in paragraph 1, the court before which in which the proceedings are pending shall forthwith inform the of the reasons for the delay to the Minister of Justice, who shall inform Eurojust as a matter of urgency.
3. Upon expiry of the time limits provided for in paragraph 2, the court of shall assess whether the pre-trial detention applied to the person whose surrender is requested is still absolutely necessary in order to ensure the need referred to in Article 9(4) and whether its duration is proportionate in relation to the amount of the sentence which is the subject of the information referred to in Article 6(1)(f), otherwise providing for its revocation or replacement with other precautionary measures, applicable also cumulatively, deemed in any case suitable to ensure that the person does not evade the surrender.
4. When the delay in taking the final decision on the request for surrender continues unjustifiably beyond the expiry of the time limits provided for in paragraph 2 and, in any event, when 90 days have elapsed since the expiry of those time limits without final decision on surrender has been taken, the court of appeal shall revoke the pre-trial detention measure and, if the need to ensure that the person does not abscond from the surrender, it shall apply, also cumulatively, the supervision measures referred to in Articles 281, 282 and 283 of the Code of Criminal Procedure and, in respect of a minor, the measure referred to in Article 20 of Presidential Decree No. 448 of 22 September 1988.))
ART. 23. (Surrender of the person. Suspension of surrender).
1. The person requested to be surrendered shall be surrendered to the issuing Member State ((as soon as possible and, in any case,)) within ten days of the days after the final judgement executing the European Arrest Warrant or the European arrest warrant or the ((final)) order referred to in
Article 14(4), in the manner and according to the arrangements made in the meantime made through the Minister of Justice.
2. When reasons of force majeure occur that prevent the delivery within the time limit provided for in paragraph 1, the President of the Court of Appeal, or the magistrate delegated by him, shall suspend execution of the order, shall immediately inform the Minister of Justice, who shall inform the authority of the Member State of the issuing Member State. ((The President of the Court of Appeal, or the magistrate delegated by him, shall also suspend the execution of the order when receives from the authority of the issuing Member State, directly or via the Minister of Justice through the Minister of Justice, the notification of the recurrence of force majeure preventing surrender within the same period of time)).
3. Where there are humanitarian reasons or serious grounds for believing that surrender would endanger the life or health of the person, the President of the Court of Appeal, or the magistrate delegated by him delegated by him, may by reasoned decree suspend the execution of the surrender order, giving immediate notice to the Minister of Justice.
4. ((In the cases referred to in paragraphs 1 and 2, the President of the Court of Appeal, or the magistrate delegated by him, shall immediately inform to the Minister of Justice of the termination of the reasons that have imposed the stay of execution or of the receipt of the communication of the cessation of the cause of force majeure by the authority of the issuing State. The Minister, upon receipt of that communication or of the communication, of which he shall inform the President of the Court of Appeal, directly from the judicial authority of the issuing State about the cessation of the force majeure, shall agree with the authority of the issuing State on a new surrender date.) In such a case the time limit referred to in subparagraph 1 shall run from the new agreed date.
5. After expiry of the ten-day period referred to in paragraphs 1 and 4, the custody shall cease to have effect and the President of the Court of appeal court, or the magistrate delegated by him, shall order the release of the arrested person, provided that the inexecutability of the surrender is not attributable to the latter. In that case, the terms shall be suspended until the impediment ceases to exist.
6. Upon surrender, the court of appeal shall transmit to the issuing judicial authority the information necessary to allow the deduction of the period of custody previously suffered in execution of the European arrest warrant from the total duration of the detention resulting from any conviction or for the determination of the maximum duration of pre-trial detention.
ART. 24. (Postponement of surrender or temporary surrender).
1. In the decision ordering the execution of the European arrest warrant, the court of appeal may order that the surrender of the person is postponed in order to allow him/her to be subject to criminal proceedings in Italy or may serve there the sentence to which he has been sentenced for an offence other than the offence covered by the arrest warrant.
In the case referred to in paragraph 1, at the request of the issuing judicial authority, the court of appeal, after hearing the judicial authority competent for the ongoing criminal proceedings or for the execution of the conviction, may order the temporary transfer of the requested person to surrender under agreed conditions.
ART. 25. (Prohibition of surrender or subsequent extradition).
1. The surrender of the person shall be subject to the condition that the person same is not surrendered to another Member State in execution of a European arrest warrant issued for an offence prior to the surrender that person without the consent of the court of appeal which ordered the execution of the arrest warrant nor extradited to a third State without the consent of the without consent to subsequent extradition granted pursuant to of the international conventions in force for the State and Article 711 of the Code of Criminal Procedure.
2. If requested by the competent judicial authority of the issuing Member State, the court of appeal shall give its consent to surrender the person to another Member State when the offence for which the consent is requested for which consent is sought gives rise to surrender pursuant to
this Act. On the request for consent, complete with the elements referred to in Article 6, the Court of Appeal shall decide, after hearing the Attorney General, within 30 days of receipt.
3. The condition referred to in paragraph 1 relating to surrender to other Member State shall not apply
(a) when the person, having had an opportunity to do so, has not left the territory of the State to which he or she was surrendered within forty-five days following his final discharge or, having left it, has returned to it returned;
(b) when the person has consented, by a declaration made before the competent judicial authority of the issuing Member State and recorded in the minutes, to surrender to another Member State
(c) when the requested person does not benefit from the principle of speciality within the meaning of Article 26(2)(a), (e) and (f) (a), (e) and (f), and paragraph 3.
ART. 26. (Principle of speciality).
1. The delivery is always subject to the condition that, for a fact preceding the surrender and different from the one for which it was granted, the person is not subjected to criminal proceedings or deprived of his or her liberty in the execution of a penalty or security measure, or otherwise subjected to any other measure depriving him of his liberty.
2. The provision referred to in paragraph 1 shall not apply when:
(a) the surrendered person, having had an opportunity, has not left the territory of the State to which he or she was surrendered forty-five days after his final release or, having left it, has voluntarily returned to it;
(b) the offence is not punishable by a custodial sentence or a detention order deprivation of liberty;
(c) the criminal proceedings do not permit the application of a measure restricting personal liberty
(d) the person is subject to a penalty or a measure not involving deprivation of liberty, including a pecuniary measure, even if it may restrict his or her personal liberty
(e) the requested person has consented to his or her surrender, in addition to waiver of the principle of speciality in the form set out in Article 14;
(f) after having been surrendered, the person has expressly renounced the benefit of the principle of speciality in respect of particular offences predating his or her surrender. Such waiver shall be recorded in a report by the judicial authority of the issuing Member State in a form equivalent to that laid down in Article 14.
3. After the surrender, if the issuing Member State requests to submit the person to criminal proceedings or to subject him/her to a measure involving deprivation of liberty the court of appeal which executed the arrest warrant shall take the decision arrest warrant. To this end, the court verifies that the request from the foreign State contains the information indicated in Article 8, paragraph 1 of the Framework Decision with a translation and decides within 30 days of receipt of the request. Consent is given when the offence for which it is requested permits the surrender of a person within the meaning of the Framework Decision. ((The court may refuse consent only when one of the cases referred to in Articles 18, 18-bis and 18-ter)).
ART. 27. (Transit).
1. Requests for the transit through the territory of the State of a person to be surrendered shall be received by the Minister of Justice.
2. The Minister of Justice may refuse the request when:
(a) he has not received information regarding the identity and nationality of the person subject to the European arrest warrant, the existence of a European arrest warrant, the nature and legal classification of the offence and the description of the circumstances of the offence, including the date and place of commission;
(b) the requested person is an Italian national or ((national of another European Union Member State that has been lawfully and effectively residing Italian territory for at least five years)) and the transit is required for the execution of a penalty or a security measure involving deprivation of liberty.
3. In the event that the request for transit concerns an Italian national or ((a national of another Member State of the European Union lawfully and effectively residing in Italian territory for at least five years)), the Minister of Justice may make the transit conditional on transit to the condition that the person, after being heard is returned to Italy in order to serve there the sentence or security measure deprivation of liberty which may have been pronounced against him in the issuing Member State.
ART. 27-bis. (( (Modalities of transmission of documents between judicial offices).))
((1) In proceedings concerning the request for execution of a European arrest warrant, a decree of the Minister of Justice shall authorise the electronic transmission of documents between judicial offices, in accordance with the provisions established by provision of the Director General of Information and Automated Systems automated systems of the Ministry of Justice, also in derogation of the provisions of the decree issued pursuant to Article 4,paragraph 1, of the Decree-Law No. 193 of 29 December 2009, converted, with modifications, by law no. 24 of 22 February 2010.
2. The transmission of the documents shall be deemed to be executed upon the issuance of the receipt of acceptance by the ministerial systems, according to the modalities established by the directorial measure referred to in paragraph 1.
3. The decree referred to in paragraph 1 shall be adopted after the Director General of Information and Automated Systems of the Ministry of Justice has ascertained that the communication of computerised documents.
4. Until the activation of the ministerial systems and the adoption of the decree of the Minister of Justice referred to in paragraph 1, the 4. Until the activation of the ministerial systems and the adoption of the decree of the Minister of Justice referred to in paragraph 1, the transmission of documents between judicial offices shall also be by certified electronic mail, in accordance with the modalities established by order of the Director General of Information and Automated Systems automated systems of the Ministry of Justice to be issued within fifteen days from the date of publication of this decree in the Official Gazette of the Italian Republic).
Learn more about European arrest Warrant defense in Italy.
CHAPTER II
ACTIVE DELIVERY PROCEDURE
ART. 28.
(Competence).
1. The European arrest warrant shall be issued
(a) by the judge who applied the supervision measure of detention in prison or of house arrest;
(b) by the public prosecutor at the court indicated in Article 665 of the Code of Criminal Procedure that issued the order for the execution of the custodial sentence referred to in Article 656 of the same Code, provided that the term of imprisonment is not less than one year and that the sentence is not suspended;
(c) by the public prosecutor identified pursuant to Article 658 of the Code of Criminal Procedure, as regards the enforcement of custodial personal security measures.
2. The European Arrest Warrant is transmitted to the Ministry of Justice who shall arrange for the translation of the text into the language of the State of execution and transmission to the competent authority. The issuing of the warrant shall be notified immediately communication to the Service for International Police Cooperation.
ART. 29. (Issue of the European Arrest Warrant).
1. The competent judicial authority pursuant to Article 28 shall issue the European Arrest Warrant when it appears that the accused or convicted person is sentenced person is resident, domiciled or staying in the territory of a Member State of the European Union.
2. When the place of residence, domicile or abode is not known and it appears possible that the person is in the territory of a Member State of the European Union, the judicial authority shall issue a specific alert in the SIS in accordance with the provisions of Article 95 of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at the common borders controls at the common borders, made enforceable by Law No 388 of 30 September 1993, No 388. An alert in the SIS is equivalent to a European arrest warrant accompanied by the information set out in referred to in Article 30.
3. If the requested person enjoys an immunity or privilege accorded by a State other than the executing State or by an international organization executing State or by an international organisation, the request for revocation of the privilege or exclusion of the immunity
ART. 30. (( (Content of the European Arrest Warrant).))
((1. The European Arrest Warrant shall contain the information required in the form set out in the Annex to the Framework Decision as amended by Article 2(3) of Framework Decision 2009/299/JHA of 26 February 2009.
2. In the case provided for in Article 18-ter, paragraph 3, as soon as receives notice of the request made by the person in in respect of whom the European arrest warrant has been issued, the public prosecutor shall forward a copy of the judgment to the authority of the executing State of execution.))
---------------
UPDATE (5)
Legislative Decree No. 31 of 15 February 2016 provided (by Art. 1, para.
1(b)) that "Annex I to this Decree replaces the
model referred to in Law No. 69 of 22 April 2005'.
ART. 31. (Loss of effectiveness of the European Arrest Warrant).
1. The European Arrest Warrant loses its effectiveness when the restrictive measure on the basis of which it was issued is has been revoked or annulled or has become ineffective. The
Attorney General at the Court of Appeal shall immediately the Minister of Justice for the purpose of subsequentcommunicati on to the Member State of enforcement.
ART. 31-bis. (( (Prohibition of surrender or subsequent extradition).)
((1. A person surrendered pursuant to a European arrest warrant European arrest warrant shall not be surrendered to another Member State in execution of a European arrest warrant, nor extradited to a third State, for an offence committed prior to such surrender, without the consent of the executing Member State.
2. The prohibition referred to in paragraph 1 shall not apply to requests for surrender pursuant to a European arrest warrant, when one of the conditions laid down in Article 26(2) is met
(a), (e) and (f).)
ART. 32. (Principle of speciality).
1. The surrender of the wanted person shall be subject to the limits of the principle of speciality, with the exceptions provided for, in relation to the the passive surrender procedure, by Article 26.
ART. 33 (Computability of pre-trial detention abroad)
2. The period of pre-trial detention abroad in the execution of the European Arrest Warrant shall be counted pursuant to and for the purposes of Articles 303(4), 304 and 657 of the Code of Criminal Procedure.((1))
---------------
UPDATE (1)
The Constitutional Court, by judgment No. 143 of 7 - 16 May 2008
(in G.U. 1a s.s. 21/05/2008, no. 22) declared the illegitimacy of constitutionality of this article insofar as it does not provide that pre-trial detention abroad, in execution of the warrant
European arrest warrant is also taken into account for the purposes of the duration of the phase periods provided for in Article 303(1), (2) and (3) of the Code of Criminal Procedure.
CHAPTER III
REAL MEASURES
ART. 34.
(Request in case of seizure or confiscation of property).
1. With the European arrest warrant issued pursuant to Art. 28, the public prosecutor at the court of appeal shall request the judicial authority of the executing Member State for the delivery of the property which is the subject of the seizure or confiscation order possibly issued by the competent court confiscation order issued by the competent court, transmitting at the same time, a copy of the seizure order.
ART. 35. (Seizure and delivery of property).
At the request of the judicial authority which issued the
At the request of the judicial authority that issued the European Arrest Warrant, or ex officio, the Court of Appeal may order the seizure of property necessary for the purposes of evidence or
liable to confiscation insofar as they constitute the proceeds, profit or price of the offence in the
profit or price of the offence in the possession of the requested person and within the limits set out in the following paragraphs.
2. The request referred to in paragraph 1 shall specify whether the surrender is necessary only for the purposes of evidence or for confiscation. If such specification is not contained in the request, the President of the Court of Appeal shall invite the requesting judicial authority to forward it.
3. The Court of Appeal shall proceed by reasoned decree, after hearing the the public prosecutor. Articles 253, 254, 255, 256, 258, 259 and 260, paragraphs 1 and 2, of the Code of Criminal Procedure shall apply mutatis mutandis.
4. The handing over of the seized items to the requesting judicial authority shall take place in accordance with the modalities and agreements with the same agreed with it through the Minister of Justice.
5. When the surrender is requested for the purpose of evidence, the court of appeal shall provide that the surrender remains subject to the condition that the property be returned once the requirements of the trial are met.
6. Where surrender is requested for the purpose of confiscation, the Court of Appeal shall order the seizure while safeguarding the rights provided for in paragraph 9 and the needs of the judicial authority Italian judicial authority referred to in Article 36. In any case, in granting the seizure, the court shall order the surrender to be subject to the condition that condition that thereafter there are no rights acquired under pursuant to paragraph 9.
7. The seized property shall be surrendered even if the European arrest warrant cannot be executed due to the death or escape of the requested person. death or flight of the requested person.
8. The provisions of Article 719 of the Code of Criminal Procedure shall apply.
9. Any rights acquired on the property referred to in paragraph 1 by the property referred to in paragraph 1 by the Italian State or by third parties.
ART. 36. (Concurrence of seizures).
1. In the event that the assets seized by the judicial authority of the Member State are already subject to a seizure ordered by the Italian judicial authority within the framework of
pending criminal proceedings and their confiscation is provided for by Italian law confiscation is provided for by Italian law, the surrender may be ordered solely for the purposes of evidentiary requirements and subject to the prior authorisation of the Italian prosecuting judicial authority with the limitation referred to in Article 35, paragraph 9.
2. To the same conditions referred to in paragraph 1 is subject the delivery is subject to the same conditions set forth in paragraph 1. in civil proceedings pursuant to Articles 670 and 671 of the Code of Civil Procedure.
CHAPTER IV
EXPENSES
ART. 37.
(Expenses).
The Italian State shall bear the expenses incurred in the national territory for the execution of a European arrest warrant or of the actual measures adopted. All other expenses shall be borne by
Member State whose judicial authority has issued the arrest warrant or requested the surrender
arrest warrant or requested the royal measure.
2. The implementation of this Article shall not give rise to any new or increased charges on the State budget.
TITLE III
FINAL AND TRANSITIONAL PROVISIONS
ART. 38.
(International obligations).
This Law shall not affect the international obligations of the Italian State when the wanted person has been extradited by a third State and is protected by the rules relating to the principle of
of speciality contained in the agreement on the basis of which the extradition took place.
extradition took place. In such a case, the Minister of Justice shall request in a timely manner to the State from which the wanted person has been extradited for the purpose of surrender to the Member State.
2. In the case provided for in paragraph 1, second sentence, the time limits referred to in
referred to in Chapter I of Title II shall run from the day on which the principle of of speciality ceases to operate.
ART. 39.
(Applicable rules).
For all matters not provided for by this Law, the provisions of the Code of Criminal Procedure and of the complementary laws, insofar as they are compatible.
2. The provisions of the Law of 7 October 1969, no. 742, and subsequent amendments, concerning the suspension of procedural terms during the holiday period, do not apply.
ART. 40.
(Transitory provisions).
1. The provisions of this law shall apply to requests for the execution of European arrest warrants issued and received after the date of its entry into force.
2. For requests for execution relating to offences committed before 7 August 2002, ((...)), the provisions in force before the date of entry into force of this Act shall continue to apply.
3. ((PARAGRAPH REPEALED BY LEGISLATIVE DECREE NO 10 OF 2 FEBRUARY 2021)).
This Law, bearing the seal of the State, shall be inserted in the Official Compendium of Legislative Acts of the Italian Republic. It shall be observed and enforced as a law of the State.
Date at Rome, 22 April 2005
CIAMPI
Berlusconi
Justice Minister Castelli
Learn more about European arrest Warrant defense in Italy.