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Cyprus

Extradition Law & Case Law

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Case Law
EAW and double criminality: issuing State has to transmit factual report or equivalent documentation
Summary
EAW and double criminality: it is sufficient that the specific conduct is punishable as a criminal offence in both legal systems, regardless of any differences not only in the penalties but also in the legal classification and in all the elements required to establish the offence. To enable the Italian judge to carry out this assessment, the law provides that the issuing State shall transmit a “report on the facts attributed to the requested person”, indicating the time of their commission; such a report may be replaced by the documentation transmitted by the issuing State, provided that it allows the Italian judicial authority to perform the review entrusted to it by law.
10/08/2023 · Italian Supreme Court · 34906/2023
🇮🇹Italy → 🇨🇾Cyprus
GrantedEAW
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