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EAW and assessment of precautionary measures in case of repeated requests for house arrest
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Summary
Where multiple applications for house arrest are filed within a short timeframe, the Court of Appeal may legitimately reject the subsequent requests by referring to the reasoning already set out in previous decisions, provided that no new and relevant elements have been introduced. In such circumstances, defence arguments relating to the requested personโs personal or professional situation, or to their ties with the national territory, may be deemed insufficient to alter the prior assessment of custodial needsโespecially where the Court has already highlighted a concrete risk of absconding or the existence of transnational support networks making alternative measures inadequate.
26/11/2024 ยท Italian Supreme Court ยท 2854/2024
๐ฎ๐นItaly โ ๐ง๐ชBelgium
Decision on precautionary measureEAWNeed legal assistance?
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