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The Court of Appeal competent to examine the extradition request (and, consequently, the request for the issuance of precautionary measures) must be identified as the court within whose district the person sought has their residence, abode, or domicile at the time the extradition request is received by the Minister of Justice. Furthermore, where such place is unknown and it is not even certain that the requested person has left Italian territory, jurisdiction lies with the Court of Appeal of Rome. In addition, in remittal proceedings, the jurisdiction established by the quashing decision cannot be reconsidered, unless new facts emerge leading to a different legal classification from which the jurisdiction of a higher court would follow.

Assessment of flight risk must take into account all the available elements and must not be “deficient”, to the point of being merely apparent, nor disconnected from the elements underlying the application for a coercive measure and the supporting materials. Judges must therefore assess any departure from or unavailability within Italy of the requested person, as this constitutes an objectively verifiable factor grounding the risk of evading surrender.