🇮🇹 Italy → 🇪🇸 Spain

The requested person challenged an Italian appellate judgment ordering surrender to Spain for prosecution in connection with an aggravated robbery allegedly committed in Ibiza. He argued that the European Arrest Warrant lacked a sufficient evidentiary basis, that flight risk was absent, and that personal and family medical circumstances should prevent surrender. The Supreme Court of Cassation declared the appeal inadmissible, holding that, following the 2021 reform of Italian EAW legislation, the warrant is no longer required to set out serious indications of guilt or include a separate account of the evidentiary sources, provided that it adequately describes the circumstances of the offence and the requested person’s degree of participation. The Court further held that the executing judicial authority may not reassess the precautionary requirements underlying the warrant, while health-related concerns ordinarily pertain to the execution phase rather than constituting grounds for refusal.

The requested person challenged his surrender to Spain under a prosecutorial European Arrest Warrant concerning alleged participation in an organised group carrying out robberies of luxury watches. The Italian Supreme Court held that, following the 2021 reform of Law No. 69/2005, the absence of an indication of serious evidence of guilt or of the evidentiary sources supporting the accusation does not constitute a ground for refusing surrender. It clarified that the warrant need only contain the minimum formal information necessary for the executing authority to perform the checks assigned to it, including the nature and legal classification of the offences, the time and place of their commission, and the requested person’s alleged degree of participation. The executing court may not request the underlying precautionary order in order to reassess the evidentiary basis, and any failure by the issuing State to provide such information cannot justify refusal of surrender.