The 1983 Bilateral Treaty
Extradition between Italy and the United States is governed by a bilateral treaty signed in 1983 and ratified in Italy through Law No. 225 of 1984. This agreement defines the conditions and procedures under which one country can request the transfer of a person accused or convicted of serious crimes.
How the Extradition Procedure Works
Formal Request
The United States must submit an official request to the Italian Ministry of Justice, specifying:
- The identity of the individual
- The criminal offense
- Supporting evidence
Dual Criminality
The offense must be considered a crime under the laws of both countries. This ensures legal consistency between the two legal systems.
Judicial Review
Once the request is received, the relevant Italian Court of Appeal evaluates its legitimacy from the perspective of:
- Domestic law
- Constitutional principles
- International obligations
Reasons for Refusal of Extradition
Political Offenses
Italy may refuse extradition if the offense is considered political in nature, such as crimes against the constitutional order.
Death Penalty
If the individual faces the death penalty in the United States, Italy can deny the request unless sufficient assurances are provided that the sentence will not be carried out.
Fundamental Rights
Extradition can also be refused when:
- Human rights are at risk
- The request conflicts with the Italian Constitution
- There is a threat to national sovereignty or dignity
Legal Defense Against Extradition
Understanding the extradition process between Italy and the USA is essential to:
- Protect your legal rights
- Seek proper legal representation
- Oppose any unjust or disproportionate measure