Italy Extradition Law — Case Law, Legal Framework and Procedure

Extradition cases involving Italy — Requested and Requesting State

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Italy

Italy Extradition Law & Case Law — 382 cases

So-called passive extradition is the procedure through which a foreign State requests Italy to surrender a person in order to subject that person to criminal proceedings (extradition for prosecution) or for the enforcement of a sentence (extradition for enforcement). In Italy, it is governed by the Code of Criminal Procedure and by any applicable international conventions.

Passive extradition in Italy is primarily governed by Articles 697 to 722 of the Italian Code of Criminal Procedure. At the international level, Italy is a party to the 1957 European Convention on Extradition and its Additional Protocols, as well as to numerous bilateral treaties with individual States. As regards European Union Member States, the European Arrest Warrant (EAW) is governed by Law No. 69 of 22 April 2005, which implemented Council Framework Decision 2002/584/JHA.

Several authorities are involved. First, the territorially competent Court of Appeal, before which the so-called judicial phase takes place and which determines whether the legal requirements for extradition are met. The same Court of Appeal is also competent to impose any precautionary measures aimed at preventing the person sought from absconding, in order to ensure that, should extradition be granted, the requested person has not in the meantime left the jurisdiction. Decisions of the Court of Appeal may be challenged before the Supreme Court of Cassation. The Prosecutor General at the Court of Appeal and the Minister of Justice are also involved; the latter exercises significant powers at every stage of the proceedings, including in relation to precautionary measures, among them the power to decide whether to give effect to the extradition request.

The existence of a treaty or convention is very common. In any event, extradition may also take place in the absence of a treaty, by applying the provisions of the Italian Code of Criminal Procedure. Where no convention exists, or where the applicable convention does not provide otherwise, the Court of Appeal shall render a judgment in favour of extradition if there are serious indications of guilt, or if there is an irrevocable judgment of conviction, and provided that, in respect of the same facts, no criminal proceedings are pending and no irrevocable judgment has been delivered in Italy against the person whose extradition is sought.

Proceedings may be started in two ways: by means of a formal request from the foreign State, transmitted through diplomatic channels to the Ministry of Justice, together with the documentation required by law and by any applicable treaties; or by means of a request for provisional arrest, submitted on an urgent basis—often based on the existence of an Interpol Red Notice concerning the person sought—pending transmission of the full extradition request, which in that case must be submitted in the weeks following the arrest.

Where the Minister of Justice decides to give effect to the extradition request, he or she transmits it, together with the accompanying documents, to the Prosecutor General at the competent Court of Appeal within thirty days of receipt. Within thirty days from the date on which the extradition request is received, the Prosecutor General files his or her submissions before the Court of Appeal. A hearing on the merits is then scheduled in order to decide whether the extradition request should be granted or refused.

If, as usually happens, a precautionary measure has been imposed, a hearing may be scheduled before the hearing on the extradition request in order to decide on any applications seeking the revocation or replacement of that measure.

The decision lies with the territorially competent Court of Appeal, sitting as a panel of three judges. Jurisdiction is determined by the place where the person sought is located. Jurisdiction lies, in order, with the Court of Appeal in whose district the accused or convicted person has his or her residence, abode, or domicile at the time the extradition request reaches the Minister of Justice; failing that, with the Court of Appeal that ordered the provisional arrest under Article 715; or with the Court of Appeal whose President validated the arrest under Article 716. If jurisdiction cannot be determined on any of those grounds, jurisdiction lies with the Court of Appeal of Rome.

Yes. Judgments of the Court of Appeal—both those concerning precautionary measures and those concerning the extradition request itself—may be challenged before the Supreme Court of Cassation.

No. By way of exception, where the judgment by which the Court of Appeal ruled on the extradition request is challenged, the Supreme Court may also act as a court with jurisdiction over the merits.

In the absence of the required documentation—including the measure restricting personal liberty, the description of the facts, the applicable legal provisions, and any relevant judgments—any precautionary measure that has been imposed may cease to have effect if the documentation is not transmitted within the prescribed time limits (40 days under the European Convention on Extradition).

Yes. Subject to reciprocity, the requesting State may participate in the proceedings before the Court of Appeal and the Supreme Court of Cassation through counsel admitted to practise before the Italian judicial authorities.

Yes. The Italian authorities may arrest the person concerned even before the formal extradition request has been submitted.

It is a measure that may be carried out by the judicial police where a request for provisional arrest has been made by the requesting State. The authority that effected the arrest must immediately inform the Minister of Justice and, as soon as possible and in any event no later than 48 hours, place the arrested person at the disposal of the President of the Court of Appeal in whose district the arrest took place, by transmitting the relevant report. Unless the arrested person must be released, the President of the Court of Appeal shall, within the following 48 hours, validate the arrest by order and, where the legal requirements are met, impose a coercive measure.

Yes. An Interpol Red Notice may provide the basis for provisional arrest; indeed, it is treated as equivalent to a request for provisional arrest and results in the individual concerned acquiring the status of a person wanted for extradition purposes.

Once a person has acquired the status of a person wanted for extradition purposes, it is sufficient for the judicial police to verify the data recorded in the Interpol database—for example during a border control or as a result of an accommodation alert—for provisional arrest to be carried out.

It is the system under which hotel operators and other accommodation providers must, within 24 hours of arrival, communicate the identity details of their guests to the territorially competent police authorities.

As a general rule, the requesting State must transmit the full request within 40 days of the provisional arrest. That time limit may vary depending on the applicable convention. In the case of a European Arrest Warrant, different and stricter time limits apply, as these are laid down directly by EU legislation.

If the requesting State fails to transmit the extradition request and its annexes within the prescribed time limit, any precautionary measure should in principle be lifted immediately and the person released. The Italian authorities may not keep the individual in custody beyond that time limit in the absence of a formal extradition request. A fresh request may, however, be submitted at a later stage, provided the legal requirements are met.

Yes. The Court of Appeal may replace custodial detention with less restrictive measures, including house arrest or an obligation to report to the judicial police, after assessing the flight risk and the personal circumstances of the individual concerned.

The Court must rely on concrete and current factors, such as the person’s ties to the territory, the existence of stable family and employment links, the availability of travel documents, and the conduct of the person concerned. The seriousness of the alleged offence alone is not sufficient; what is required is an individualised assessment of the circumstances of the specific case.

In order to obtain a less intrusive measure than custodial detention, it may be necessary to show that the person sought has a connection with Italy or that suitable accommodation is available, such as a residence with relatives living in Italy or other housing arrangements, including accommodation rented by a relative of the person sought.

The requested person has the right to be assisted by counsel of choice or, failing that, by court-appointed counsel. Where a coercive measure has been imposed, the President of the Court of Appeal must, as soon as possible and in any event within five days of the execution or validation of the measure, establish the identity of the person, question him or her, and, after informing the person of the legal consequences, ascertain whether he or she consents to extradition or waives the protection afforded by the specialty principle. The person also has the right to an interpreter if he or she does not understand Italian.

The requested person may declare his or her consent to surrender.

Where the detention proves to have been wrongful, the person sought may be entitled to compensation for wrongful detention.

Yes. You may still be arrested in other countries on the basis of an Interpol Red Notice.

There are several grounds on which extradition must be refused: for example, where the offence is of a political nature; where the person has already been finally tried in Italy for the same facts (ne bis in idem); where the offence is punishable by the death penalty in the requesting State, without sufficient assurances that such penalty will not be carried out; where there is a risk of inhuman or degrading treatment (for example because of prison conditions); where there is a risk of persecution on grounds of race, religion, nationality, or political opinions; or where the offence is time-barred under either Italian law or the law of the requesting State.

Yes. Article 3 of the European Convention on Human Rights constitutes an absolute limit on extradition. If there are substantial grounds for believing that, once extradited, the person would face a real risk of being subjected to torture or to inhuman or degrading treatment or punishment, extradition must be refused irrespective of the seriousness of the offence alleged. Likewise, structurally inadequate prison conditions in the requesting State may justify refusal of extradition or the making of surrender conditional upon the provision of specific assurances.

Italian courts must carry out a concrete assessment of the risk of inhuman or degrading treatment, taking into account reports by international organisations (Amnesty International, Human Rights Watch, CPT), judgments of the European Court of Human Rights, and any other available documentary material. Where a real risk is established, the Court may require the requesting State to provide specific and individualised assurances as to the conditions of detention.

The existence of criminal proceedings pending in Italy in respect of the same facts constitutes a ground for refusal of extradition, in application of the ne bis in idem principle and in light of Italy’s interest in prosecuting the case itself. The Court of Appeal assesses the overlap between the facts underlying the foreign request and those forming the subject matter of the Italian proceedings, as well as the procedural stage reached by the latter.

As a general rule, no. The physical presence of the person on Italian territory is a necessary precondition for the starting and conduct of extradition proceedings. In the absence of the person, no precautionary measures may be imposed and no hearing may be held before the Court of Appeal.

Connected jurisdictions
🇷🇴Romania34 cases🇺🇸United States33 cases🇩🇪Germany29 cases🇦🇱Albania25 cases🇲🇩Moldova16 cases🇨🇭Switzerland16 cases🇪🇸Spain13 cases🇧🇷Brazil12 cases🇫🇷France11 cases🇦🇹Austria10 cases🇷🇺Russia9 cases🇵🇪Peru9 cases🇺🇦Ukraine8 cases🇹🇷Turkey8 cases🇬🇧United Kingdom8 cases🇬🇷Greece7 cases🇵🇱Poland7 cases🇨🇳China7 cases🇺🇾Uruguay7 cases🇦🇷Argentina6 cases🇭🇷Croatia6 cases🇵🇹Portugal5 cases🇭🇺Hungary4 cases🇲🇹Malta4 cases🇲🇰North Macedonia4 cases🇧🇦Bosnia4 cases🇲🇨Monaco4 cases🇨🇱Chile4 cases🇵🇰Pakistan4 cases🇧🇪Belgium4 cases🇨🇦Canada3 cases🇲🇽Mexico3 cases🇰🇷South Korea3 cases🇻🇪Venezuela3 cases🇪🇨Ecuador3 cases🇰🇼Kuwait3 cases🇨🇿Czech Republic2 cases🇳🇱Netherlands2 cases🇧🇬Bulgaria2 cases🇩🇿Algeria2 cases🇱🇻Latvia2 cases🇨🇾Cyprus2 cases🇮🇳India2 cases🇮🇱Israel2 cases🇷🇸Serbia2 cases🇹🇳Tunisia2 cases🇬🇪Georgia2 cases🇦🇪United Arab Emirates2 cases🇩🇴Dominican Republic2 cases🇸🇲San Marino1 case🇿🇦South Africa1 case🇵🇦Panama1 case🇸🇰Slovakia1 case🇳🇴Norway1 case🇳🇬Nigeria1 case🇨🇴Colombia1 case🇰🇬Kyrgyzstan1 case🇫🇮Finland1 case🇸🇪Sweden1 case🇪🇪Estonia1 case🇵🇾Paraguay1 case🇲🇦Morocco1 case🇽🇰Kosovo1 case🇲🇪Montenegro1 case🇧🇾Belarus1 case🇳🇿New Zealand1 case🇪🇬Egypt1 case🇱🇰Sri Lanka1 case🇲🇺Mauritius1 case
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Case Law
EAW to Hungary: prison space and detention regime require further assessment
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Summary
The requested person challenged a decision authorising surrender to Hungary under a European Arrest Warrant issued to enforce a sentence of four years and six months’ imprisonment for fraud offences. The Supreme Court of Cassation held that an individual assurance guaranteeing at least three square metres of personal space did not dispense with an assessment of the nature and arrangement of cell furniture, including fixed furnishings affecting freedom of movement, and of the applicable detention regime. It recalled that compensatory factors may rebut the presumption of an Article 3 ECHR violation arising from personal space below three square metres only under a semi-open detention regime, whereas a closed regime requires that minimum space after deducting sanitary facilities and fixed furnishings. The Court rejected the separate challenge concerning execution of the sentence in Italy because the requested person had neither established nor specifically alleged at least five years of lawful, effective and continuous residence or stay. It quashed the surrender decision and remitted the case to the Court of Appeal of Perugia for a fresh examination of the detention conditions.
29/09/2026 · Italian Supreme Court · 34911/2026
🇮🇹Italy → 🇭🇺Hungary
Reversal and remandEAW
Double criminality in a rental car fraud EAW: factual disputes reserved for the issuing State
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Summary
Germany issued a prosecution EAW concerning the alleged fraudulent rental and retention of a car. The requested person argued that the rental agreement allowed the car to be taken to Italy and that its subsequent theft explained the failure to return it. The Court of Cassation held that double criminality requires the concrete conduct to be punishable in both States, without identical offence definitions, and that the alleged conduct could constitute fraud, fraudulent insolvency or misappropriation under Italian law. It declared the appeal inadmissible: further factual inquiries belong to the German authorities, while a challenge based solely on defective reasoning is unavailable under the applicable EAW appeal rules. Surrender remained subject to the condition that, following trial in Germany, the requested person be returned to Italy to serve any sentence imposed.
24/09/2026 · Italian Supreme Court · 34559/2026
🇮🇹Italy → 🇩🇪Germany
GrantedEAW
EAW for rental car fraud: the executing court cannot reassess the evidence
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Summary
Germany sought the requested person’s surrender for prosecution after a rented car was allegedly not returned. On appeal against the Italian surrender order, the requested person challenged the identification of the alleged offender, sought additional evidence from Germany and disputed double criminality. The Court of Cassation held that the executing court could not reassess the evidence of guilt or request investigative material for that purpose; the asserted possibility of mistaken identity was not apparent on the face of the case. It also held that double criminality did not require the conduct to receive the same legal classification in both states, and declared the appeal inadmissible.
22/09/2026 · Italian Supreme Court · 34239/2026
🇮🇹Italy → 🇩🇪Germany
GrantedEAW
EAW arrest validated but release ordered: no concrete flight risk pending surrender decision
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Summary
The requested person was arrested in Italy on the basis of a European Arrest Warrant issued by the Czech Republic for the execution of a six-year prison sentence concerning several property-related offences and a driving offence. The Court noted that one of the underlying conducts did not appear to satisfy double criminality under Italian law and that one offence had already been covered by an earlier 2020 surrender from Italy to the Czech Republic, without any apparent waiver of the principle of speciality or subsequent request for extension of surrender. It therefore requested further information from the Czech authorities concerning the EAW, the exact sentence to be served, the duration of pre-trial detention and the possible waiver of speciality. Although the arrest was validated, the Court ordered the requested person’s immediate release, finding no concrete flight risk in light of her Italian citizenship, long-standing residence, family and employment ties in Italy and the fact that she had not absconded after becoming aware of the Czech judgment.
19/09/2026 · Court of Appeal of Turin · /
🇮🇹Italy → 🇨🇿Czech Republic
Decision on precautionary measureEAW
Extradition to Albania upheld: an executable conviction need not be final
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Summary
Albania sought the requested person’s extradition from Italy to serve a two-year sentence for unlawful possession of firearms and ammunition. He challenged discrepancies in the extradition documents and raised objections concerning speciality, detention conditions, fair trial rights and criminal proceedings pending in Italy. The Court held that the European Convention on Extradition requires an executable conviction, but not an irrevocable one; it found the other objections unsubstantiated or matters for the Minister of Justice. It declared the appeal inadmissible, leaving the decision in favour of extradition in place.
17/09/2026 · Italian Supreme Court · 34698/2026
🇮🇹Italy → 🇦🇱Albania
GrantedExtradition
Successive extradition requests for connected offences: detention time limits run separately
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Summary
The requested person challenged a detention order issued in a second Italian extradition proceeding initiated by Canada, arguing that time already spent in custody under an earlier extradition proceeding should be counted toward the new order because the alleged offences were connected. The Court held that, where separate extradition requests concern different facts, the time limit for a coercive measure is calculated by reference to each request and its surrender proceedings; the rule against successive detention orders for the same facts did not govern this case. It corrected the lower court’s statement about the start of the new measure’s one-year limit: the limit ran from notification of the order on 30 July 2026, even though the requested person was already detained under another order. The complaint about delayed translation was inadmissible because no concrete prejudice to the defence had been alleged, and the appeal was dismissed.
17/09/2026 · Italian Supreme Court · 34813/2026
🇮🇹Italy → 🇨🇦Canada
Decision on precautionary measureExtradition
EAW formal requirements: omission of penalty range does not bar surrender
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Summary
The Italian Court of Cassation declared inadmissible an appeal against a decision ordering the surrender of the requested person to Austria under a prosecution EAW concerning an aggravated residential burglary allegedly committed together with others. The Court held that double criminality does not require exact correspondence between the legal classifications or aggravating circumstances in the two legal systems, provided that the underlying conduct constitutes an offence in both States and the applicable statutory threshold is met. It further held that, for a prosecution EAW, omission of the minimum and maximum penalty does not in itself constitute a ground for refusal and may at most justify a request for supplementary information. The EAW need only contain a description of the offence and the requested person’s participation sufficient to allow the executing authority to perform the statutory checks; under the post-2021 Italian framework, the executing court is not required to verify the existence of serious indications of guilt.
16/09/2026 · Italian Supreme Court · 33705/2026
🇮🇹Italy → 🇦🇹Austria
GrantedEAW
EAW surrender overturned: generic detention information insufficient under Article 3 ECHR
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Summary
The Italian Supreme Court of Cassation reviewed an order surrendering a requested person to Romania under an EAW issued for the execution of a prison sentence. The defence relied on updated material concerning systemic detention conditions in Romania and on the requested person’s serious psychiatric condition, including severe depression with psychotic features and suicidal ideation. The Court held that, once a concrete Article 3 ECHR risk has been raised, the executing court must obtain sufficiently specific and individualised information concerning both the actual detention conditions and the treatment that will be available to the requested person. Since the Romanian information did not adequately identify the conditions of the cells, the personal space available or sufficiently address the requested person’s psychiatric needs, the surrender decision was annulled and the case remitted for a new assessment.
10/09/2026 · Italian Supreme Court · 33336/2026
🇮🇹Italy → 🇷🇴Romania
Reversal and remandEAW
Optional ground for refusal based on territoriality requires an effective intention to exercise domestic jurisdiction
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Summary
The requested person challenged his surrender to Germany under a European Arrest Warrant issued for prosecution for fraud concerning a rented vehicle, arguing that the offence had been committed wholly or predominantly in Italy and that supplementary information should have been sought from the issuing authority. The Supreme Court held that the place of commission must be assessed on the basis of the factual description contained in the EAW and that the executing judicial authority cannot reassess the merits of the accusation or the evidential basis supporting it. It further held that the optional territoriality ground for refusal is intended to prevent actual conflicts of jurisdiction and requires concrete indications that the executing State intends to exercise its own jurisdiction, such as pending proceedings or investigations. As no such proceedings or investigations existed in Italy, and the conduct was transnational in nature, the appeal was declared inadmissible and the surrender decision remained in force.
09/09/2026 · Italian Supreme Court · 33227/2026
🇮🇹Italy → 🇩🇪Germany
GrantedEAW
EAW surrender upheld: five-year lawful residence required for territorial integration
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Summary
The Italian Supreme Court of Cassation dismissed as inadmissible an appeal against the surrender of a requested person to Romania under a prosecution European Arrest Warrant concerning several organised-crime-related offences. The Court held that the five-year period of lawful, effective and continuous residence or stay in Italy is a mandatory statutory condition, rather than a merely indicative factor, for applying the rules protecting persons sufficiently integrated in the executing State. Evidence of criminal proceedings in Italy concerning conduct dating back to 2012 did not establish lawful and stable territorial integration, while the documentary evidence produced mainly referred to the period from 2025 onwards. The Court also held that the duration of the Romanian custodial measure does not begin to run before surrender to the issuing State and that the Italian surrender detention does not affect the continuing validity of that foreign measure.
09/09/2026 · Italian Supreme Court · 33226/2026
🇮🇹Italy → 🇷🇴Romania
GrantedEAW
Pending asylum claim does not bar EAW surrender to another EU Member State
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Summary
The Italian Supreme Court of Cassation dismissed an appeal against surrender to France under an execution European Arrest Warrant concerning a five-year prison sentence for participation in a criminal association facilitating unlawful immigration and document falsification. The requested person relied on a pending application for international protection in Italy, alleged risks connected with conditions in Algeria, his private and social ties in Italy, and his status as an injured party in separate Italian criminal proceedings. The Court held that international or subsidiary protection does not in itself prevent surrender to another EU Member State, since the principle of non-refoulement concerns transfer to a territory where the person would face the relevant threats and international protection within the EU has a uniform character. It further found that the requested person had failed to prove five years of stable and continuous lawful presence or sufficiently strong integration in Italy to justify execution of the sentence there.
09/09/2026 · Italian Supreme Court · 33265/2026
🇮🇹Italy → 🇫🇷France
GrantedEAW
Lee Gilley extradition: death penalty assurances and life imprisonment. Additional information requested from the United States
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Summary
The Court of Appeal of Turin considered a United States extradition request concerning an individual sought in Texas for murder-related charges potentially exposing him to the death penalty or life imprisonment without parole. Although the requesting authorities had provided communications concerning the prosecutor’s intention not to seek the death penalty and information on possible plea agreements, clemency and post-conviction remedies, the Court found that the material supplied did not yet provide sufficiently clear and binding guarantees. In particular, it sought clarification as to whether the prosecutor’s waiver of the death penalty would be legally binding and whether, in the event of a life-without-parole sentence, mechanisms existed allowing a genuine review of the sentence on the basis of subsequent developments or rehabilitation. The Court therefore postponed its decision and requested, through the Italian Ministry of Justice, further information and assurances from the United States.
09/09/2026 · Court of Appeal of Turin · /
🇮🇹Italy → 🇺🇸United States
Request for assurancesExtradition
Extradition refused: remaining sentence below the four-month threshold after recalculation of the sentence
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Summary
The case concerned an Albanian request for extradition for the enforcement of a sentence imposed for corruption and driving under the influence, the latter offence having already been excluded from the scope of extradition by an earlier judgment of the Supreme Court of Cassation. The appellant again raised objections concerning fair trial guarantees, detention conditions and personal circumstances, but the Court held that those issues were barred by the partial res judicata resulting from its previous judgment. As regards the remaining corruption offence, the Court held that the appellate court could not independently recalculate the sentence in a manner inconsistent with the sentencing determination made by the Albanian court. On the basis of the foreign judgment, the residual sentence for corruption amounted to three months' imprisonment and therefore did not exceed the four-month minimum threshold required by Article 2(1) of the European Convention on Extradition. The Court consequently quashed the judgment without remand and declared that the conditions for granting extradition were not satisfied.
09/09/2026 · Italian Supreme Court · 33597/2026
🇮🇹Italy → 🇦🇱Albania
DeniedExtradition
EAW surrender set aside for insufficient individualized information on detention conditions
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Summary
The requested person, sought by Romania under an EAW for the execution of a five-year prison sentence, challenged the surrender order on the ground that the information supplied by the issuing State did not sufficiently identify the detention conditions to which he would actually be subjected. The Supreme Court reiterated that, where reliable material indicates a general risk of inhuman or degrading treatment, the executing court must obtain individualized information concerning the prison regime, including the actual personal space available to the requested person. It held that the Romanian information, while describing possible prison regimes, did not clarify the number of prisoners sharing each cell or the usable floor space available to each detainee. The surrender decision was therefore annulled and the case remanded for a new assessment, while the separate argument based on the requested person’s alleged social integration in Italy was rejected.
04/09/2026 · Italian Supreme Court · 32949/2026
🇮🇹Italy → 🇷🇴Romania
Reversal and remandEAW
EAW surrender confirmed despite seriously ill child: family life rights do not automatically bar surrender
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Summary
A Romanian national challenged his surrender under a European Arrest Warrant issued for the execution of a three-year and four-month prison sentence for human trafficking, arguing that surrender would disproportionately interfere with his relationship with his seriously ill child, who was receiving medical treatment in Italy, and would expose him to inadequate detention conditions in Romania. The Supreme Court of Cassation held that the best interests of the child and the requested person’s right to family life must be assessed against the interests underlying execution of the EAW and do not create an automatic bar to surrender. In the circumstances, the continuing presence of the child’s mother, the possibility of maintaining remote contact and the lack of sufficient evidence that the father was indispensable to the child’s care justified the finding that surrender was proportionate. The separate complaint concerning Romanian prison conditions was declared inadmissible because it was insufficiently specific, and the appeal was dismissed.
04/09/2026 · Italian Supreme Court · 32950/2026
🇮🇹Italy → 🇷🇴Romania
GrantedEAW
Pre-trial detention replaced with house arrest despite continuing flight risk
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Summary
The requested person was detained in Italy pending extradition to South Korea pursuant to an international arrest warrant and sought revocation or, alternatively, replacement of detention in prison with a less restrictive measure. The Milan Court of Appeal rejected revocation, finding that the risk of flight persisted because the requested person had no pre-existing stable ties with Italy and had sufficient means to leave the country. However, taking into account the personal circumstances documented by the defence, the absence of previous convictions and the availability of a stable residence, the Court held that continued detention in prison was disproportionate. It therefore replaced detention in prison with house arrest subject to electronic monitoring, with the replacement becoming effective only once the electronic monitoring device was available.
28/08/2026 · Court of Appeal of Milan · /
🇮🇹Italy → 🇰🇷South Korea
Decision on precautionary measureExtradition
Supplementary EAW and speciality: additional offences may be included before surrender
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Summary
The Italian Supreme Court declared inadmissible an appeal against a decision ordering surrender to Austria under two European Arrest Warrants, the second of which added further offences allegedly committed after the first warrant had been issued. The Court held that the issuance of a supplementary EAW covering additional offences did not breach the principle of speciality, since the executing decision expressly covered the offences identified in both warrants and the requested person could be prosecuted after surrender only for those offences. It further held that written translations of the EAWs were unnecessary where the requested person had been assisted by an interpreter and had been able effectively to exercise his defence rights, and clarified that questions concerning whether the requested person was actually the perpetrator belonged to the merits of the criminal case rather than to identity verification in surrender proceedings. Finally, the Court held that the executing judicial authority was not required to investigate prison conditions in Austria in the absence of specific and substantiated evidence indicating a real risk of inhuman or degrading treatment.
25/08/2026 · Italian Supreme Court · 31907/2026
🇮🇹Italy → 🇦🇹Austria
GrantedEAW
Postponement of surrender: serving a domestic sentence does not require deferral of an EAW
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Summary
The Italian Supreme Court declared inadmissible an appeal against a decision ordering the surrender of a requested person to Croatia under a European Arrest Warrant for prosecution, subject to her subsequent return to Italy to serve a domestic sentence. The Court held that the decision whether to postpone surrender under Article 24 of Law No. 69/2005 in order to allow the requested person to complete a sentence in Italy is discretionary and, where adequately reasoned, cannot be challenged before the Court of Cassation on grounds concerning the merits or adequacy of the reasoning. The requested person’s ongoing detention in Italy, the different procedural stages of the Italian and Croatian proceedings and her status as a mother of four minor children did not establish a reviewable violation of law. The Court also rejected as generic the complaint concerning the alleged late transmission of documents by the Croatian judicial authority and therefore upheld the surrender decision.
20/08/2026 · Italian Supreme Court · 31660/2026
🇮🇹Italy → 🇭🇷Croatia
GrantedEAW
Serious psychiatric illness and suicide risk require specific assessment of detention pending EAW surrender
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Summary
The Italian Supreme Court partially allowed an appeal concerning detention pending execution of a European Arrest Warrant issued by Romania. It upheld the lower court’s assessment that a concrete risk of flight existed, relying on the requested person’s lack of stable residence, employment and social integration in Italy. However, it found the reasoning insufficient and merely apparent as regards the compatibility of continued prison detention with the requested person’s serious psychiatric condition, documented history of hospitalisation, suicidal ideation and elevated suicide risk. The Court held that the executing court had failed to engage substantively with the medical evidence and could not simply assert that adequate treatment was available in prison. The detention order was therefore quashed insofar as it concerned compatibility with the requested person’s health, and the case was remanded to the Ancona Court of Appeal for a fresh assessment.
20/08/2026 · Italian Supreme Court · 31659/2026
🇮🇹Italy → 🇷🇴Romania
Decision on precautionary measureEAW
Refusal to execute an EAW requires five years of actual and continuous residence in Italy
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Summary
The Italian Supreme Court declared inadmissible an appeal against a decision ordering surrender to Romania under an European Arrest Warrant issued for the execution of a final prison sentence. The requested person relied on the optional ground for refusal based on residence in Italy under Article 18-bis of Law No. 69/2005. The Court held that formal registration of residence is not sufficient where the requested person has not shown actual and continuous residence or stay in Italy for at least five years and where other indicators, including lack of stable housing, lack of Italian language knowledge, absence of demonstrated tax and social-security compliance and continuing family ties abroad, point against genuine integration. The Court also held that documents first produced in cassation, including evidence concerning the spouse’s residence, could not be relied upon to establish the required degree of integration. The surrender decision was therefore left in force.
18/08/2026 · Italian Supreme Court · 31557/2026
🇮🇹Italy → 🇷🇴Romania
GrantedEAW
Country Contributor
Guido Stampanoni Bassi
Partner at Pistochini Avvocati // Founder at Extradition Hub // Founder at Giurisprudenza Penale
Founder of Extradition Hub, Guido Stampanoni Bassi is a criminal extradition lawyer at the Milan Bar and partner at Pistochini Avvocati law firm.
He is founder, editor and director of 'Giurisprudenza Penale', one of Italy’s leading criminal law reviews.
A member of the Milan Bar Association, the Milan Criminal Bar Association and the European Criminal Bar Association (ECBA), he has extensive experience in extradition proceedings, having handled cases involving requests from China, the United Arab Emirates, the United States, Turkey, Ukraine, Russia, Moldova, Mauritius and Israel.
He lectures at the University of Milan, Roma Tre University and Scuola Superiore Sant’Anna in Pisa, and has taught at the School for the Judiciary (Scuola Superiore della Magistratura).
He writes and edites books with the main italian legal publishers and he is author of several academic publications, in top ranked (“band A”) scientific reviews, on criminal law, corporate criminal liability and extradition proceedings.
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Pistochini Avvocati
Pistochini Avvocati Law Firm
Pistochini Avvocati is a Milan-based Italian law firm with a recognised practice in criminal law and a strong international outlook. The Firm assists individuals, senior executives and companies in complex criminal proceedings, including matters involving multiple jurisdictions and cross-border judicial cooperation.
The Firm has developed significant experience in extradition proceedings, European Arrest Warrant cases and international judicial cooperation, representing requested persons before Italian courts and advising on the procedural, substantive and human rights issues arising in cross-border criminal matters. Its lawyers regularly work alongside foreign counsel and international law firms, coordinating defence strategies across different legal systems.
Within the Firm, Alessandro Pistochini, founder and Managing Partner, and Guido Stampanoni Bassi, Partner and founder of Extradition Hub, are particularly active in the field of international cooperation in criminal matters, with a focus on extradition, European Arrest Warrants and other cross-border proceedings. They regularly handle cases involving foreign judicial authorities and coordinate with counsel in other jurisdictions on issues of surrender, mutual assistance and the protection of fundamental rights.
Both are members of international professional networks, including the European Criminal Bar Association (ECBA) and the American Bar Association (ABA), and combine their litigation practice with academic and professional engagement in the fields of criminal law, extradition and international judicial cooperation.
Alongside its defence practice, Pistochini Avvocati is actively involved in legal research, publications, conferences and professional training, with particular attention to developments in Italian, European and international criminal law and to the protection of fundamental rights in cross-border proceedings.
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Amedeo Barletta
Studio Legale Barletta
Amedei Barletta is a criminal lawyer.
He was admitted to the Bar in 2007 and to practise before the Italian Supreme Court of Cassation in 2017. He graduated in Law from the University of Naples Federico II, obtained a PhD in Law from the European School of Advanced Studies, and teaches law at LUISS University in Rome.
He has worked for the Italian Government as legal adviser in the Cabinet of former Minister for European Affairs Emma Bonino, and served as a référendaire at the Court of Justice of the European Union in the Cabinet of Advocate General Poiares Maduro.
He is a partner at Studio Legale Barletta and a member of the Unione Camere Penali Italiane (UCPI) and the European Criminal Bar Association (ECBA).
Within UCPI, he is a member of the Commission responsible for relations with the international legal profession and international institutions.
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Giulia Borgna
Saccucci & Partners
Founding Partner of Saccucci & Partners and Head of the International Desk in Tirana. Member of the Bar of Rome.
Giulia started working with Professor Saccucci in 2012 and co-founded Saccucci & Partners in 2017. Prior to joining the firm, Giulia worked at Baker & McKenzie and Lana-Lagostena Bassi.
Giulia specializes in complex and high-profile litigation in the field of public international law and human rights, with a particular focus on criminal law, extradition, judicial cooperation in criminal matters, and immigration. She acts for a wide range of clients before international courts, particularly the European Court of Human Rights. She has sound experience in matters involving the Republic of Albania.
Giulia obtained her Ph.D. cum laude in Human Rights and International Law from the University of Palermo. While working on her doctoral thesis, Giulia was a Visiting Fellow at Middlesex University in London and at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg. From 2017 to 2021, Giulia lectured on International Criminal Law at LUMSA University in Rome. From 2021, Giulia is Adjunct Professor at LUMSA University of European Judicial Cooperation in Criminal Matters, with a particular focus on Extradition and European Arrest Warrant.
Giulia is the Founder and Editor-in-Chief of eXtradando.
Giulia is a member of the editorial board of Diritto e questioni pubbliche and Giurisprudenza Penale, and a member of Extradition Lawyers’ Association, Defence Extradition Lawyers Forum and the Legal Experts Advisory Panel (LEAP) of Fair Trials International.
She lectures regularly on human rights and has written on various topics of international law and human rights.
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Angelo Stirone
Studio Legale Gamberini
Angelo Stirone is an Italian criminal defence lawyer registered with the Bologna Bar Association.
He currently practises at Studio Legale Gamberini, with a focus on criminal law, European criminal law, and international criminal law. He has developed significant expertise in European Arrest Warrants, extradition proceedings, the recognition and enforcement of foreign criminal judgments, as well as Interpol Red Notices and Schengen Information System (SIS) alerts.
Angelo is a Teaching and Research Assistant in International and European Criminal Law at the University of Bologna. He is also the Founder and former President of the Association of Young International Criminal Lawyers (YICL), a non-profit organization focused on international criminal law, international human rights law, international humanitarian law, and public international law more generally.
Prior to joining Studio Legale Gamberini, Angelo worked at a top-tier international law firm in London, where he advised sovereign States, State-owned entities, international organizations, and private parties. In particular, he was involved in proceedings before the International Court of Justice (ICJ) and worked extensively on international criminal law, international humanitarian law, and human rights law. He also worked at the Office of the Prosecutor of the United Nations International Residual Mechanism for Criminal Tribunals (IRMCT) in The Hague, where he was part of the prosecution team in the case of Prosecutor v. Stanišić & Simatović.
He holds a Law Degree from the University of Bologna and an Advanced LL.M. in Public International Law, with a specialization in International Criminal Law, from Leiden University. His LL.M. thesis, “Hacking and International Law: The Anonymous Group and the Syrian Electronic Army”, was subsequently published in the Journal of International Law of Peace and Armed Conflict. Angelo is the author of numerous academic publications in leading legal journals, as well as book chapters, and of the monograph The European Arrest Warrant: A Grammar of Surrender in the European Legal Area (Giappichelli Editore).
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Federico Cappelletti
Studio Legale Cappelletti
Federico Cappelletti is a criminal defence lawyer based in Venice, Italy, admitted to practice before the Italian Higher Jurisdictions and the International Criminal Court.
His practice focuses on tax and white-collar crime, international cooperation in criminal matters, extradition and European Arrest Warrant proceedings, with particular emphasis on human rights-based defence strategies and litigation before Italian and European courts.
He regularly assists clients in transnational criminal cases involving surrender procedures, mutual legal assistance, asset recovery, and the protection of fundamental rights in cross-border proceedings.
His institutional and professional roles include serving on the Council of the International Criminal Bar, acting as Deputy Secretary General of the Institut des Droits de l’Homme des Avocats Européens, sitting on the European and International Law Commission of the Italian National Bar Council, and coordinating the Observatory on European Law of the Union of Italian Criminal Chambers.
Within the European Criminal Bar Association, he contributes to work on human rights, cybercrime, technology and defence rights in digital criminal proceedings. In this capacity, he has represented the ECBA in expert consultations organised by the European Commission and the EU Agency for Fundamental Rights.
Appointed by the Italian Ministry of Justice, he represented the Italian legal profession in the 9th and 10th rounds of mutual evaluations conducted with experts from the Council of the European Union. He regularly lectures in Italy and abroad on European and international criminal law, has authored several publications in these fields, leads EU co-funded projects on judicial cooperation and fundamental rights, and is registered as a lecturer with the Italian School for the Judiciary.

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Gianmarco Bondi
Studio Legale Bondi
Gianmarco Bondi is a criminal defence lawyer at Studio Legale Bondi in Venice and a teaching assistant and exam committee member in Criminal Law, Occupational Health and Safety Criminal Law, and Environmental Criminal Law at the Department of Law of the University of Ferrara.
His practice also focuses on international and EU cooperation in criminal matters, with particular emphasis on extradition and European Arrest Warrant proceedings. He has been appointed as an expert witness in extradition proceedings before the Westminster Magistrates’ Court in London.
Gianmarco regularly publishes on criminal law and cooperation in criminal matters in Italian and international journals, contributes to edited volumes, and collaborates with editorial boards. He frequently gives lectures and speaks at conferences and seminars in Italy and abroad.
He graduated cum laude in Law from the University of Bologna, with a final dissertation in Criminal Law and Law of the European Union on the protection of the European Union’s financial interests through criminal law, written after a research period at the European Anti-Fraud Office (OLAF) of the European Commission in Brussels. He completed an academic year at King’s College London and a traineeship at the London office of an Italian law firm. He later trained as a lawyer at the Milan Bar, where he developed specific expertise in Corporate Criminal Law. He passed the Bar exam before the Court of Appeal of Milan, receiving the “Marco Ubertini” First Prize for scoring the highest grade.
He holds a PhD in Criminal Law from the University of Ferrara, with a thesis on positive obligations in criminal law under the European Convention on Human Rights, following a research stay at the Institut für Strafrecht und Kriminologie of the University of Vienna. He then served as a postdoctoral researcher in History of Law at the University of Ferrara, with a project on the origins and development of the general part of criminal law in common law systems, during which he was also a visiting academic at the Institute of European and Comparative Law of the University of Oxford.
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Nicola Canestrini
Canestrinilex
Nicola Canestrini is a partner at CanestiniLex, a law firm based in Rovereto, Italy.
Nicola is one of Italy’s leading experts in international criminal law with a particular focus on extradition and INTERPOL abuse. With over two decades of experience, his work stands out for its meticulous and innovative approach to protecting the fundamental rights of individuals involved in international judicial cooperation proceedings.
Nicola has successfully represented numerous clients in extradition cases before all the major Italian and European courts, earning a reputation for excellence and professional rigor.
His expertise extends to addressing irregularities in the use of INTERPOL mechanisms, particularly the misuse of Red Notices to target political dissidents and other individuals subject to unjust persecution. In addition to his practice, Nicola has been deeply engaged in academic and public discourse.
He has delivered lectures at prestigious institutions such as Harvard Law School and the University of Oxford, addressing key topics in international criminal law, from transnational justice to the regulation of judicial cooperation tools.
His scholarly contributions, published in leading Italian criminal law journals, serve as a reference point for academics and practitioners seeking to understand the contemporary challenges of international criminal law.
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