Italy-Brazil Extradition Treaty: Key Aspects Unveiled
In this article, we delve into the agreement signed between Italy and Brazil concerning the extradition of individuals suspected or accused of crimes and how this treaty regulates extradition in both countries when one of them requests the execution of a sentence or a trial on their own territory. The Legal Foundation: The 1989 Treaty […]
Inhuman Treatment in Chinese Prisons: Italian Supreme Court Halts Extradition
The Italian Criminal Cassation Judgment In the recent judgment of the Italian Criminal Cassation Court No. 21125/2023, a crucial issue is addressed concerning whether to extradite an individual to the People’s Republic of China. The judgment raises concerns about the possibility of inhuman treatment in Chinese prisons and the use of torture to obtain confessions. […]
European Arrest Warrant: Guidance, Procedures and Legal Defense
The European Arrest Warrant (EAW) is a complex legal procedure that can involve European citizens arrested in one of the European Union (EU) member states. In this comprehensive guide, we will explore all the crucial aspects of the EAW and what to do if you find yourself arrested. From the moment of arrest to the […]
When Extradition is Prohibited Due to Human Rights Violations: A Clear Guide
In this article, we will carefully examine the situations in which a violation of human rights occurs under the European Convention on Human Rights (ECHR) and how this violation can lead to the refusal of extradition. Fundamental Rights in Carceral Settings Article 3 of the ECHR imposes an absolute prohibition on torture and inhuman or […]
Russia’s Exit from the ECHR: Halting Extraditions
Russia has recently exited the Council of Europe, bringing significant implications for the application of human rights principles. This article will explore the consequences of this move, highlighting the recent case where the Italian Cassation Court halted an extradition process and the concerns related to fundamental rights. Russia’s Exit from the ECHR Since September 16, […]
Vincenzo Vecchi’s Long Legal Battle: Will France Reject Extradition?
Vincenzo Vecchi’s story has been a long and complex legal odyssey that has crossed borders and jurisdictions between Italy and France. At the heart of the matter lies the G8 summit in Genoa, where Vecchi was sentenced in Italy to 11 years and 6 months in prison for devastation and looting. His flight to France […]
Criminal Association and Drug Trafficking
Definition of Associative Offenses Associative Offenses in General: In broad terms, associative offenses pertain to criminal actions involving an association, namely, a group composed of at least three individuals who come together to form a stable structure. This structure must possess a legal personality distinct from that of the individual participants and be capable of […]
Extradition and Life Imprisonment: A Legal Insight
An examination of the intricate relationship between life imprisonment and extradition procedures, including the European Arrest Warrant. In the legal context, the connection between life imprisonment and extradition procedures, especially the European Arrest Warrant, is a topic of considerable complexity. The verdict of the Assize Court of Santa Maria Capua Vetere, acting as the executing […]
Criminal Association: Illicit Drug Trafficking
In the Italian legal context, the associative offense entails the formation of an association, an organization composed of at least three individuals who come together to create a stable structure with a legally distinct personality from the individual participants. This association must be capable of pursuing a specific and pre-defined criminal program. Associative offenses, prominently […]
Jurisprudence on Article 73 of DPR 309/1990 Regarding Drug Trafficking
Article 73 of the Presidential Decree (DPR) No. 309 of 1990 is a highly significant legal provision within the Italian legal system. This article governs the crime of drug trafficking, an illicit activity with severe implications for public health and societal safety. In the context of this article, we will examine in detail the following […]