Italy – Israel

🇮🇹 Italy → 🇮🇱 Israel

Bilateral Information
Applicable Treaties
European Convention on Extradition (Paris, 13.XII.1957)
Failure to send documents (attached to the request of extradition) within 40-day time limit and revocation of precautionary measure
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Summary
The requested person was placed under precautionary custody in Italy pursuant to Article 715 of the Italian Code of Criminal Procedure in connection with an extradition request submitted by a foreign State. The defence challenged the lawfulness of the custodial measure, arguing that the requesting State had failed to transmit the underlying arrest warrant within the mandatory 40-day period provided by the European Convention on Extradition and Italian procedural law. The Italian Supreme Court of Cassation annulled a previous decision rejecting the revocation request and remanded the matter to the Court of Appeal for verification of the timely transmission of the foreign arrest warrant. On remand, the Milan Court of Appeal found that the relevant arrest warrant had only been transmitted several months after the arrest of the requested person and therefore outside the statutory deadline. The court consequently revoked the precautionary custodial measure and ordered the immediate release of the requested person.
03/06/2025 · Court of Appeal of Milan · /
🇮🇹Italy → 🇮🇱Israel
Decision on precautionary measureExtradition