Italy – United Arab Emirates

🇮🇹 Italy → 🇦🇪 United Arab Emirates

Bilateral Information
Applicable Treaties
Extradition Treaty between the Government of the Italian Republic and the Government of the United Arab Emirates, signed in Abu Dhabi on September 16, 2015, with an Exchange of Notes signed in Abu Dhabi on November 27, 2017, and January 17, 2018 Treaty on Mutual Legal Assistance in Criminal Matters between the Government of the Italian Republic and the Government of the United Arab Emirates, signed in Abu Dhabi on September 16, 2015
Extradition and double criminality: differences between issuing bounced cheques and fraud
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Summary
The issuance of bounced cheques does not, in itself, constitute fraud under Italian law, as it is no longer a criminal offence, unless it forms part of a broader scheme aimed—through deceit or misrepresentation—at obtaining an undue financial advantage. Accordingly, for violation of the principle of double criminality, the order of the Court of Appeal must be quashed with remittal where it validates an arrest for extradition purposes and orders pre-trial detention in relation to a request for provisional arrest concerning the purchase of goods paid for with uncovered cheques, if such conduct is classified as fraud without establishing the existence of deceitful acts or misrepresentations.
30/03/2016 · Italian Supreme Court · 17172/2016
🇮🇹Italy → 🇦🇪United Arab Emirates
Decision on precautionary measureExtradition