04 May 5 Points on the Extradition Procedure between Italy and Argentina
The International Lawyer Associates law firm, based in Italy, and branches throughout the rest of the world, handles cases of extradition between Italy and Argentina of all kinds, getting acquiring recognition in the international community given the large number of multifaceted cases that have managed to manage. He is represented by the prestigious lawyer of international experience Alessandro María Tirelli, who has an experience that precedes him in negotiations of this type, specializing in the representation of extradition cases.
An Extradition procedure can be established between the countries Italy and Argentina, given that there are legal bases for this.
1- Extradition between Italy and Argentina.
Extradition processes between Italy and Argentina can be established, given that there are legal bases for this, such as the Extradition Treaty signed between them on December 9, 1987, which was carried out in the city of Rome, capital of Italy.
The Treaty as a legal legal instrument is responsible for regulating the possibility of extraditing individuals between these two nations and also regulates the terms in which the procedure will be carried out once the extradition claim is accepted.
However, this Agreement, like the rest of the Extradition Treaty between Italy and Argentina, seeks to achieve international cooperation between the different States in the development of their activity in prosecution of crime, since there is no possibility of extraditing criminals between nations, the development and correct application of justice in the international sphere would be very complex, that is, once the territorial limit of the jurisdiction of a given Government is exceeded. The truth is that this type of process has 2 sides as a currency, because it not only represents a benefit to the criminal legal system and governments, but depending on the conditions in which they develop, it can also mean a benefit for the own prosecuted, because sometimes it can improve the situation of the individual subject to extradition between Italy and Argentina.
2- Role of the lawyer in these processes.
An element of transcendental importance in extradition proceedings is the role of the defense lawyer, since not in all cases it is feasible to access extradition as for example, in cases in which the claim is made by a country which wishes to sentence in its courts to a fugitive, who takes refuge in another, but in this case the judicial system of that country is more severe and would represent a serious damage to the situation of the accused.
In International Lawyer Associates, lawyers have exceptional training, and their competence is beyond the national territory, so they can hear about cases throughout the Italian region but can also handle customer issues from all over the world. The lawyer in these cases concerns him with very important issues that cannot be left in the hands of an inexperienced, such as cases in which there is opposition to the request for extradition, which in many cases represents an extensive litigation that requires tenacity to face it and negotiate in such a way that it ends up reaching a solution with conditions affordable to the client.
3- When does an extradition request between Italy and Argentina proceed?
In order for an extradition request to be processed, it must be two countries between which there is some kind of international agreement, such as an Extradition Treaty, which provides a legal basis for the petition in question. In addition, it must be crimes that are obviously punishable in both countries, since an individual cannot be handed over or requested, who has committed an act that in one of those two territories is completely lawful and not constituting a crime.
However, in the particular case of the countries of Italy and Argentina, they agreed in their Extradition Treaty between Italy and Argentina that the request is received, provided that it falls both on an individual who is subject to criminal proceedings and on one which is sought for the execution of a penalty or security measure by the judicial authorities of another State. In the first case, the offense for which the individual is claimed may not be a penalty of less than 2 years of deprivation of liberty, and in the second case, the time remaining to be fulfilled from the penalty already imposed, or The security measure may not be less than one year.
These issues must be taken into account, because if the extradition of a person who is only 7 months away is requested to comply with the security measure applied against him and the lawyer becomes aware of it, he can work on the denial of said request, given that the agreement in the Extradition Treaty between the participating parties is not fulfilled. Likewise, special attention should be paid with respect to what is established by the Argentine Law in this regard, in the case of a request for extradition for several crimes, which will proceed if at least one of them meets the requirements set forth above.
This is established by Law 24. 767 “International Cooperation in Criminal Matters”, published in the Official Gazette of 16. 1. 1997, effective as of February 15, 1997, in which half of its 125 are dedicated to regulate extraditions to and from Argentina; TITLE Passive Extradition. Chapter I: General Conditions: Art 6: In order for the extradition of a person to proceed, the fact that is the subject of the process must constitute a crime, which in both the Argentine Law and that of the requesting State, provides for a custodial sentence , with a minimum and maximum such that its semi-sum is at least one year. If a State requires an extradition for several crimes, will it be enough for one of them to comply with this condition so that the extradition can be granted with respect to the rest?
In addition, for the purposes of said Agreement, a security measure shall mean any measure of legitimate deprivation of liberty that has been ordered as a complement or as a substitute for a sentence, by judgment of a criminal court.
4 - The particular case of crimes in the area of taxes and duties, customs and exchange.
For crimes related to taxes and duties, customs and foreign exchange, the extradition may not be denied on the grounds that the law of the requested Party does not provide for the same type of tax or fees or does not contain the same type of regulation for such matters as the legislation of the requesting Party.
Regulation in the Extradition Treaty between Italy and Argentina of national cases
It is important to know the particular treatment that the Treaty grants to cases in which it concerns the extradition of a national individual from one of the two States, in its ARTICLE 4, called? EXTRADITION OF NATIONALS ?, establishes the possibility of parties, to refuse the delivery of an individual who is a national of his State, also establishing the way to proceed in this situation, regulating what? in the case of denying extradition, the requested Party shall have the obligation, at the request of the requesting Party, to submit the case to the competent authorities themselves for the eventual promotion of a criminal proceeding. To that end, the requesting Party shall provide the procedural documentation and all other useful information that is in its possession. The requested Party shall communicate the result of the procedure as soon as possible.
In this way the rule is not empty, establishing the mere determination of rejection of the request, but also indicates what the State that refused to do must do.
5- Cases in which extradition will not be granted under the Treaty:
- if the crime for which extradition is requested is considered by the requested Party as a political offense;
- if the requested Party had serious reasons to consider that the request, based on a common offense, had been submitted for the purpose of prosecuting or punishing a person for reasons of race, religion, nationality or political opinions, or that The situation of said person would run the risk of being aggravated by any of the reasons indicated above.
- if the offense for which the extradition was requested had been committed in the territory of the requested Party or was considered as such under the Law of the latter Party;
- if according to the legislation of the requesting Party or the requested Party, the criminal action or penalty is prescribed;
- if the person has already been tried by the authorities of the requested State for the same crime for which extradition is requested;
- if it is a minor according to the Law of the requested Party, and the Law of the requesting Party will not consider it as such or does not provide for the minor a procedural and substantive treatment in accordance with the fundamental principles of the legal order of the requested Party.
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