Extradition is a complex procedure that can affect individuals accused or convicted of serious crimes in a foreign country. In this article, we will explore how it is possible to obtain house arrest instead of incarceration during an extradition process.
The Legal Context
When an individual is arrested in Italy based on an international arrest warrant issued by another country, in this case, the Brazilian judicial authorities, a passive extradition process is initiated. The primary objective is to prevent the arrested person from fleeing before Italy decides on the extradition request.
Choosing the Precautionary Measure
In Italy, the law provides for the possibility of applying precautionary measures during the extradition process to ensure that the requested person does not leave the national territory before the extradition request is finalized. The choice of precautionary measure depends primarily on the individual’s risk of flight.
The Court of Appeals is tasked with applying the least burdensome precautionary measure to protect both the risk of flight and the personal freedom of the requested individual. Detention in a prison is considered the last resort and should only be used when all other precautionary measures are deemed inadequate.
The Defense Strategy
In the event that an individual is arrested for an extradition proceeding, it is crucial to consult with an attorney experienced in international matters. The defense strategy aims to secure the immediate release of the individual. The defense can argue that house arrest is a suitable option to prevent the risk of flight.
For example, the withdrawal of the passport could be sufficient to eliminate the risk of flight. Even if the alleged crime is serious, with the possibility of lengthy sentences abroad, house arrest might be considered an adequate precautionary measure that allows the individual to reunite with their family and face the extradition process with greater tranquility.
The Decision of the Court of Appeals
The Court of Appeals will carefully assess the defense’s arguments and decide on the precautionary measure to apply. In the specific case, the Court may have determined that house arrest was sufficient to ensure the individual’s non-flight during the extradition process.
The Importance of an Expert Extradition Attorney
As we have seen, extradition cases are complex and require specific expertise in both national and international law. It is always advisable to rely on an experienced extradition attorney who can ensure proper defense and develop the best strategy for the specific case, maximizing the protection of the client’s rights.