When a loved one is imprisoned in Italy but wishes to serve their sentence in their country of origin or residence, there is a well-defined legal process for the international transfer of convicted persons.
The law allows for transfer on humanitarian, emotional, and social reintegration grounds. In this context, the 1983 Strasbourg Convention is the main European legal instrument regulating such cases, signed by many member states of the Council of Europe.
Main requirements for transfer
To obtain the transfer, several specific conditions must be met:
- Final conviction: the person must have been sentenced with a final, irrevocable judgment.
- Consent of the convicted person: their free, informed, and written consent is mandatory.
- Agreement between States: both the sentencing State and the executing State must approve the request.
The transfer is not automatic and often requires the assistance of a lawyer experienced in international criminal law.