Italy – Monaco
🇮🇹 Italy → 🇲🇨 Monaco
4 cases found🇲🇨 ⇄ 🇮🇹
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.
Extradition: statute of limitations and Monaco’s non-adherence to the Fourth Additional Protocol to the European Convention on Extradition
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Summary
The case concerned a request by the Principality of Monaco for the extradition of an Italian national convicted of participation in a criminal association involved in money laundering and reinvestment of proceeds deriving from tax offences. The requested person argued that extradition should be refused because the offences were expired due to statute of limitations under Italian law and because the same facts had already been the subject of proceedings in Italy. The Italian Supreme Court of Cassation held that, following Italy’s ratification of the Fourth Additional Protocol to the European Convention on Extradition, the assessment of statute of limitations issues must be carried out exclusively under the law of the requesting State, regardless of Monaco not being party to the Protocol. The Court further excluded any violation of the ne bis in idem principle, finding that the Italian and Monegasque proceedings concerned different criminal associations and distinct factual conduct. The Court also rejected arguments based on the absence, in Monaco, of institutions equivalent to suspended sentences or alternative measures to detention, holding that such differences do not violate fundamental principles of the Italian legal order.
23/01/2025 · Italian Supreme Court · 7797/2025
🇮🇹Italy → 🇲🇨Monaco
GrantedExtradition