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Transfer of Criminal Proceedings: Analysis and In-depth Review

Law No. 149 of 2016 delegated to the Government the implementation of the Convention on Judicial Assistance in Criminal Matters among the Member States of the European Union, aiming to strengthen international judicial cooperation.

Implications and Objectives of Law 149/2016

The legislation introduced Title IV bis of the Code of Criminal Procedure, establishing rules for the transfer of criminal proceedings within the EU and under individual international conventions.

Key Aspects of Articles 746 bis, 746 ter, and 746 quater

These three articles outline the requirements and procedures related to the transfer of criminal proceedings, both active and passive, between Italy and other states. They ensure compliance with the principle of ne bis in idem and aim to avoid the duplication of criminal proceedings.

Principles and Procedures

Article 746 bis establishes criteria for the transfer of criminal proceedings, considering factors such as the location of the criminal act and the residence of the suspect. Article 746 ter regulates the passive transfer of criminal proceedings from abroad to Italy, while Article 746 quater addresses active transfer, where Italy relinquishes the exercise of criminal action.

Guarantees and Protection of Rights

The provisions offer guarantees for suspects, such as respect for the fundamental principles of the Italian legal system and the preservation of the effectiveness of evidence collected abroad. Additionally, they establish procedures for calculating pre-trial detention and confirming precautionary measures.

In conclusion, the transfer of criminal proceedings between states is an essential part of international judicial cooperation. The provisions outlined in Articles 746 bis, 746 ter, and 746 quater of the Code of Criminal Procedure provide a clear and regulated framework to ensure effective justice and respect for the fundamental rights of suspects.