Italy – Spain
๐ฎ๐น Italy โ ๐ช๐ธ Spain
12 cases found๐ช๐ธ โ ๐ฎ๐น
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 to Spain and assessment on circumstancial evidences
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Summary
The case concerned a prosecution European Arrest Warrant issued by Spain in relation to a robbery charge. The requested person appealed against the decision of the Court of Appeal of Naples granting surrender, arguing that the warrant did not indicate the evidentiary sources on which he had been identified as one of the perpetrators and that the executing court should have assessed whether the EAW was supported by serious indications of guilt. The Italian Supreme Court held that, following the reform introduced by Legislative Decree No. 10/2021, the executing judicial authority is no longer required to assess the seriousness of the evidence or the sources of proof, but only to verify that the description of the facts is sufficiently capable of identifying a criminal offence attributable to the requested person. The Court also declared inadmissible the additional ground concerning the alleged absence of the original Spanish version of the EAW, holding that new grounds cannot be introduced before the Court of Cassation in EAW proceedings and noting that the arrest was based on the SIS alert and that the Italian translation of the EAW had been transmitted. The appeal was therefore declared inadmissible.
03/07/2026 ยท Italian Supreme Court ยท 25295/2026
๐ฎ๐นItaly โ ๐ช๐ธSpain
GrantedEAW