Italy – Poland
🇮🇹 Italy → 🇵🇱 Poland
7 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.
EAW: flight risk must be based on concrete and present elements and not on inadmissible presumptions
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Summary
EAW: although flight risk may, by its nature, be assessed more broadly than in ordinary proceedings, it must nonetheless exist and cannot dissolve into a form of “inadmissible presumption”. It must display characteristics of concreteness as well as present relevance, and must be supported by specific reasoning grounded in concrete elements drawn from the requested person’s life. Accordingly, the Italian court cannot base pre-trial detention in custody solely on the seriousness of the alleged offence, the severity of the penalties imposed, or the fact that the arrested person—despite being domiciled in Italy and identified by means of an Italian identity card—has not provided elements capable of excluding such risk (all the more so where the offence was committed many years earlier).
10/12/2025 · Italian Supreme Court · 366/2026
🇮🇹Italy → 🇵🇱Poland
Reversal and remandEAW