Any divergence from the parameters of the Italian criminal system is, as a rule, irrelevant, unless such divergence is wholly unreasonable and manifestly conflicts with the general principles of legality and proportionality of penalties. Accordingly, extradition to China must be refused in respect of a person accused of conduct classified as fraud under Chinese law, which, under Italian law, would fall within the prohibition of pyramid selling schemes and chain sales under Article 5 of Law No. 173 of 2005. This is because, under the Chinese Criminal Code, that offence is entirely indeterminate as regards the maximum custodial sentence that may be imposed on the applicant if extradited and ultimately convicted, which is incompatible with the fundamental principle of the Italian legal system requiring the legislative predetermination of the maximum penalty.