Italy – South Korea
🇮🇹 Italy → 🇰🇷 South Korea
2 cases found🇰🇷 ⇄ 🇮🇹
Bilateral Information
Applicable Treaties
European Convention on Extradition (Paris, 13.XII.1957)
A “procedural” decision does not produce the “preclusive effect” barring a subsequent decision granting extradition
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Summary
In extradition proceedings, the party retains an interest in appealing a decision of no need to proceed issued on account of the absence of supplementary documentation relevant to the determination, where the party had primarily sought a ruling on the merits of the conditions for extraditability on the basis of the extradition request. This is because a decision of a purely procedural nature is not capable of producing the preclusive effect, under Article 707 of the Italian Code of Criminal Procedure, that would otherwise bar a subsequent decision granting extradition following a new request submitted by the same State for the same facts
16/11/2023 · Italian Supreme Court · 49331/2023
🇮🇹Italy → 🇰🇷South Korea
Rejected (procedural grounds)Extradition