→ 🇨🇭 Switzerland

The case concerned a Swiss request for prosecution extradition in relation to several aggravated robberies, committed and attempted, allegedly carried out with weapons against fuel stations, as well as firearms-related offences. The Court of Appeal of Bologna had refused extradition, finding that the material transmitted by the Swiss authorities did not allow even a summary positive assessment of the existence of serious indications of guilt. The Italian Supreme Court held that, under the European Convention on Extradition, the requesting State is not required to transmit the evidence itself, but must provide a sufficiently precise account of the factual and evidentiary basis supporting the alleged responsibility of the requested person. The Court found that the Swiss request contained an analytical description of the facts and identified categories of evidence, including telephone contacts, cell-site data, vehicles allegedly used by the suspects, video surveillance, victim statements and automatic vehicle monitoring. Since this was sufficient for the limited summary assessment required in extradition proceedings, the judgment refusing extradition was annulled and the case remanded to another section of the Court of Appeal of Bologna.

The case concerned a Swiss request for prosecution extradition in relation to several aggravated robberies, committed and attempted, allegedly carried out with weapons against fuel stations, as well as firearms-related offences. The Court of Appeal of Bologna had refused extradition, finding that the documents transmitted by the Swiss authorities did not allow even a summary positive assessment of the existence of serious indications of guilt. The Italian Supreme Court held that, under the European Convention on Extradition, the requesting State is not required to transmit the underlying evidence itself, but must provide a sufficiently precise account of the factual and evidentiary basis supporting the alleged responsibility of the requested person. In this case, the Swiss request contained an analytical description of the facts and identified categories of evidence, including telephone contacts, cell-site data, vehicles allegedly used by the suspects, video surveillance, victim statements and automatic vehicle monitoring. Since those elements were sufficient for the limited summary assessment required in extradition proceedings, the judgment refusing extradition was annulled and the case was remanded to another section of the Court of Appeal of Bologna.