🇮🇹 Italy →

In extradition proceedings governed by the 1957 European Convention on Extradition, the Italian judicial authority, even where the applicable convention does not require a full assessment of serious indications of guilt, must carry out a summary assessment under Article 705 of the Italian Code of Criminal Procedure. Such assessment cannot, however, amount to a detailed review of the evidentiary framework, since the requesting State is not required to transmit the evidence itself, but only sufficiently precise factual allegations and an indication of the evidentiary basis supporting the accusation within the requesting State’s procedural system.

Where the applicable convention does not provide for an assessment by the Italian State of the existence of serious indications of guilt, the Italian judicial authority may not confine itself to a merely formal review of the documentation submitted, but must carry out a summary evaluation aimed at verifying—on the basis of the materials produced—the existence of incriminating elements against the requested person, as assessed within the procedural framework of the requesting State.