Courts competent in case of refusal of consent of extradition of the suspect

The Court of Cassation has up to 6 months after the appeal to decide on an extradition case

If the convicted person does not consent to the request for extradition (consent must be granted before the Attorney General before the Court of Appeals with the necessary presence of his own lawyer), the competent Court of Appeal must judicially evaluate the same.

The competition requirements are determined, in accordance with art. 701 dpi Based on the following criteria:

  1. In the Court of Appeal in whose district the accused or convicted person has residence, residence or domicile at the time the extradition request reaches the Minister of Justice;
  2. The court that appealed and ordered the provisional detention required by article 715;
  3. If the president of the court of appeals has validated the arrest provided for in article 716;
  4. Completely residual, in case of impossibility of determining the competition through these criteria, the jurisdiction is rooted in the Court of Appeal of Rome.

If you, a family member or acquaintance is being held for a crime, we can help you.

The decision of the Court of Appeals, based on the documentation submitted by the requesting State, refers in any case to the evaluation of the formal and legal compliance with the regulatory requirements required for the granting or not of extradition.
Courts competent in case of refusal of consent of extradition of the suspect

Here is the text of sentence n. 36870, filed on September 6, 2013.

A taxpayer was subjected to criminal proceedings for the commission, in competition with others, of various crimes.

In particular, it referred to the crimes of: falsehood in private deed, provided for in art. 485 of the Italian Civil Code, since, in order to carry out a complex tax evasion, it made false signatures in private purchase declarations to be deducted from others, to deduct the related costs.

Embezzlement, in accordance with art. 646 of the Italian Civil Code, as as a general partner of a SAS assigned the sums of money held by the aforementioned qualification, recorded in the accounts as sums used for various purchases, transactions that were subsequently objectively non-existent.

Fraudulent transfer of securities, in accordance with art. 12 quinquies of DL n. 306/1992, since, in competition with the legal representatives of two companies, to facilitate the commission of money laundering alleged against the latter, attributed to the companies themselves, through bank checks, bank transfers and partly in cash, the sum Two million euros.

This sum, fictitiously attributed to the payment of supplies of goods referred to in the false invoices, was returned to the defendant without valid economic reasons and therefore had the sole purpose of facilitating the commission of the crime of laundering. .

In a nutshell, therefore, the entrepreneur had implemented the aforementioned crimes in the execution of the same criminal design, aimed at tax evasion.

Therefore, the crime of fraudulent declaration through the use of false invoices, in accordance with art. 2 of Legislative Decree n. 74/00

However, at the end of the preliminary hearing, the GUP pronounced a trial with no place to proceed for all the crimes alleged against the accused and, in particular, for the crime of fraudulent transfer of value, since it was considered that the fact did not exist . The Prosecutor of the Republic appealed the injunction issued by the GUP.

Remember that art. 12 quinquies of DL n. 306/1992 - entitled "Fraudulent transfer of securities" - punishes with a prison sentence of two to six years, unless the act constitutes a more serious crime, any person who falsely attributes to others the property or availability of money, property or other benefits to circumvent the provisions of the law on the prevention of property or contraband, or to facilitate the commission of one of the crimes mentioned in articles 648, 648-bis and 648-ter of the penal code (Receipt of stolen goods, recycling).

The crime of recycling, in turn, provided for in art. 648-bis of the penal code, punishes outside the cases of competition in the crime, who substitutes or transfers money, goods or other benefits derived from non-negligent crimes, or performs other operations in relation to them, to prevent the identification of their origin criminal

The Court of Cassation, section V criminal, with sentence n. 36870, presented on September 6, 2013, deciding on the merits, definitively confirmed the no place to proceed pronounced by the GUP against the employer.

If you, a family member or acquaintance is being held for a crime, we can help you.

You may also be interested in articles about Illicit traffic of waste and its intermediary confidants.

We assist you throughout Italy

If you or a family member is detained in Italian territory or anywhere in the world, we can help you

Contact us

Send us your question by filling out the form and we will respond as soon as possible. For emergencies you can contact us directly through WhatsApp or call our phone number.

Good article on the rejection of extradition consent
  • Aranxa Urreta Minges
5

Summary

The decision of the Court of Appeals, based on the documentation submitted by the requesting State, refers in any case to the evaluation of the formal and legal compliance with the regulatory requirements required for the granting or not of extradition.

Sending
User Review
0 (0 votes)


en_USEnglish
es_ESEspañol it_ITItaliano fr_FRFrançais pt_PTPortuguês ru_RUРусский zh_CN简体中文 en_USEnglish