Italy – Monaco

🇮🇹 Italy → 🇲🇨 Monaco

Bilateral Information
Applicable Treaties
European Arrest Warrant - Law no. 69/2005 - Provisions to bring domestic law into conformity with Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States.
Double criminality: limits of the assessment by the Court of the requested State
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Summary
Double criminality: for the purposes of verifying the so-called double criminality requirement, in the absence of specific treaty provisions, it is sufficient that the conduct, as described in the extradition request, constitutes—at the time of the decision on the request under the law of the requested State—any criminal offence. Case law has clarified that this review by the requested State is not intended to safeguard compliance with the principle of legality (which must instead be ensured by the requesting State), but merely serves to allow the “recognisability” of the criminal claim asserted by the requesting State and, consequently, the acceptance of the cooperation request underlying the extradition application.
18/12/2024 · Italian Supreme Court · 1296/2025
🇮🇹Italy → 🇲🇨Monaco
GrantedExtradition