Italy – Switzerland

🇮🇹 Italy → 🇨🇭 Switzerland

Bilateral Information
Applicable Treaties
European Convention on Extradition (Paris, 13.XII.1957)
Extradition for the enforcement of a custodial sentence and a therapeutic measure: a single extradition title is enough
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Summary
The judgment granting extradition for the enforcement of the overall sanction imposed by the conviction (custodial sentence and inpatient therapeutic measure) is lawful, and it is not necessary for Switzerland to issue a separate extradition title. It appears from the challenged decision that the extradition request concerns a custodial sentence of eight years’ imprisonment and that, on the basis of subsequent information provided by the Swiss Federal Office of Justice, the request also relates to the enforcement of the inpatient therapeutic measure. As also noted by the Court of Appeal, an analysis of the relevant provisions of the Swiss Criminal Code, together with the aforementioned communication from the Swiss Federal Office, shows that: (a) the Swiss sanctioning system is based on a dual-track model of penalties and inpatient therapeutic measures, applicable where the convicted person suffers from a mental disorder (Art. 59); (b) the inpatient therapeutic measure is ordered at the same time as the conviction, as occurred in the present case, where the Assize Court found that the applicant was affected by a mental disorder and that there was a therapeutic prospect capable of reducing the risk of reoffending through the application of such measure; (c) in such cases, the inpatient therapeutic measure is enforced prior to the custodial sentence, and its duration is deducted from the sentence imposed.
12/05/2025 · Italian Supreme Court · 28147/2025
🇮🇹Italy → 🇨🇭Switzerland
GrantedExtradition