🇮🇹 Italy →

Proceedings before the Court of Appeal, and not only those before the Court of Cassation, are conducted in chamber pursuant to Article 127 of the Italian Code of Criminal Procedure. Therefore, since the European Arrest Warrant was received four days before the in camera hearing, the party was entitled to request an adjournment of the hearing in order to file a defence brief in compliance with the statutory time limits, and such request was timely submitted in order to examine the documentation received. The refusal to grant time for the defence may give rise to an intermediate nullity, as it affects the assistance of the accused, provided that— as in the present case — the objection was raised in a timely manner.

In proceedings concerning a European Arrest Warrant, the injured party has no standing to participate in the surrender procedure, as it does not fall within the categories of persons exhaustively listed under Article 17(1) of Law No. 69 of 22 April 2005. (Case concerning the application by the political party Vox to intervene, as an injured party, in the execution proceedings of a European Arrest Warrant issued by the Spanish Tribunal Supremo against C.P.C., in relation to offences connected with the organisation, in 2017, of the Catalan independence referendum.)