🇮🇹 Italy →

The judgment, while granting the surrender request on the basis of an EAW issued for the enforcement of a custodial sentence, must indicate the extent of the sentence to be served, while leaving to the sentencing judicial authority the task of recalculating the penalty. In the case of an EAW issued for the enforcement of a conviction relating to multiple offences, compliance with the minimum threshold of the sentence (not less than four months), as provided by Article 7(4) of Law No. 69 of 22 April 2005, must be assessed with reference to the overall sentence imposed, and not to the sentence applied to each individual offence. The judgment must therefore be quashed, so that the Court of Appeal may remedy the identified shortcomings, if necessary by initiating further communication with the issuing judicial authority, specifically aimed at obtaining at least the transmission of the judgment — not for the purpose of recognition and enforcement in Italy (which that State has declared not to allow), but in order to determine the enforceable title and the duration of the sentence to be executed.