🇮🇹 Italy → 🇺🇸 United States

In extradition proceedings, the international ne bis in idem principle does not preclude surrender where a final judgment has previously been delivered, against the same person and in respect of the same facts, by a state that is not a member of the European Union. Applying this principle, the Supreme Court dismissed the appeal against extradition to the United States of a person who had already been convicted in Switzerland for the same facts.

In extradition proceedings, the international ne bis in idem principle applies only where a final foreign criminal judgment has determined the responsibility of the same person for the same offence. It does not apply to a previous decision refusing extradition issued by another State. The Court also held that, under the Italy-US Extradition Treaty, extradition may be granted for the US offence of conspiracy even though it does not fully correspond to the Italian offence of criminal association, provided that double criminality exists for the offences forming the object of the conspiracy. The appeal against extradition to the United States was declared inadmissible.