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🇮🇹 Italy → 🇰🇷 South Korea

1 case found
Bilateral Information
Applicable Treaties
European Convention on Extradition (Paris, 13.XII.1957)
Extradition and double criminality: factual correspondence is enough (no need for same legal classification)
Summary
For the purposes of granting extradition, in order to satisfy the requirement of double criminality it is not necessary that the abstract structure of the offence under foreign law corresponds exactly to a provision under Italian law. It is sufficient that the same conduct constitutes a criminal offence in both legal systems, irrespective of any differences in legal classification or in the applicable penalties. In the present case, extradition was requested on the basis that the person concerned had displayed and used credit cards of which he was only apparently the holder, and had also affixed forged signatures on sales receipts. It is clear that such conduct, as described, amounts under Italian law to both the offence provided for by Article 55 of Legislative Decree No. 231 of 2007 and the offence of fraud.
18/07/2017 · Italian Supreme Court · 39014/2017
🇮🇹Italy → 🇰🇷South Korea
GrantedExtradition