12 Apr 5 Points on the Extradition Procedure Italy - Cuba
There are many assumptions for which you can start a process of Extradition Italy - Cuba. This legal procedure makes it possible to transfer individuals from one State to another when they are linked to a criminal process. In the law firm of International Lawyers Associates, you can find advice and representation if you are facing an Extradition case, as formed by an excellent team of lawyers such as the lawyer Alexandro Maria Tirelli, is one of the most competent in the European region.
Extradition cases can become very complex and variable, since with the intervention of the different States as sovereign entities that they are, an international character is incorporated into the process in question, which individualizes it from other criminal procedures that do not exceed territorial scope of a government. It may be a person who is in the territory of a given State as a fugitive from another State, who pursues it given a certain criminal act that he previously committed in his territory, or it may also be the case in which, a citizen of a certain country is facing a criminal process in another territory, captured or serving a sentence for committing a certain crime, and the State of which it is a national, requests its Extradition to prosecute and prosecute it in its jurisdiction and under its criminal legislation or to extinguish the time established in the sanction previously imposed, in one of its prisons.
If you, a family member or acquaintance is being held for a crime, we can help you.
In the law firm of International Lawyers Associates, you can find advice and representation if you are facing an Extradition case, it is made up of an excellent team of lawyers such as the lawyer Alexandro Maria Tirelli, is one of the most competent in the European region.
1- What should you do if you are immersed in an extradition process?
If you or a family member of yours, urgently requires a lawyer to represent you in an Extradition case between Cuba and Italy, you can hire the legal services of International Lawyers Associates, given the competent role that you have developed in the defense of such cases , because the experience gained with the practice, has turned its lawyers into specialists when dealing with these matters.
2- Transfer of convicted persons between Cuba and Italy.
The Agreement for the execution of criminal sentences between Italy and Cuba, was made with the primary purpose of providing foreigners convicted in the territory of one of the parties, the possibility of serving the sentence imposed against themselves, in their country of origin .
This Agreement responds to social and humanitarian reasons for international cooperation, as it is proposed with it, to facilitate a reintegration into the society of convicted persons, allowing them to serve their sentence in their country, thus avoiding separation with the family bond, by not get away on serving his sentence in another country.
The Agreement entered into force in Italy with Law No. 207 of July 18 of the year 2000. Establishing that such transfer will proceed, when:
- The convicted person is a national of the executing State
- The sentence is final
- The part of the sentence that has not yet been fulfilled at the time of receipt of the request, is at least one year
- The convicted person consents to the transfer
- The crime that resulted in the conviction is also considered a crime under the law of the executing State
- The convicted person has not been sentenced to the death penalty, unless the sentence has not been commuted
- The provisions of the judgment that are not detention measures have been carried out
- The sentencing State and the executing State agree with the transfer.
3- Internal laws on extradition.
Each of these countries, in addition to the International Agreement they have in common, also regulates the Extradition procedure in their Internal laws. Where they regulate in a general way, guidelines that cannot be violated later with the signing of any International Treaty. They regulate issues such as; the cases in which the request for extradition proceeds, the competent authority before which said request is filed and the authority to agree or deny it. The appeal that may be lodged by the requesting party must also be regulated, in the case of denial of the Extradition request. Likewise, general rules are established that must be observed by the parties in the process, among others.
In the case of Cuba, the Criminal Procedure Law in its Title VI called ¨Of Extradition¨, regulates in its Article 436 that, in order for extradition to be requested, it is necessary to have issued a self-founded declaring that there are sufficient merits to exercise the criminal action, or relapsed final conviction against the defendant to whom the extradition refers. It also regulates in Articles 439 and 440 that, the competent Court agrees, ex officio or at the request of the Prosecutor, in a well-founded resolution, to request extradition from the moment in which, due to the status of the case and its result, it is appropriate in accordance to those provided in its internal legislation and that against the order that denies the extradition request, an appeal may be lodged, within 3 days, before the immediate superior Court, which resolves it before the Prosecutor has heard it.
The proposal for extradition request is addressed to the Ministry of Foreign Affairs through the President of the People's Supreme Court. With the contentive communication of the extradition proposal, sending a literal testimony of the order available and the other necessary information so that the request can be issued by the Government.
4- What regulates an Extradition Treaty?
The Extradition Treaty is the legal basis that regulates the conditions, formalities and the way of proceeding between the parties that are immersed in the Extradition procedure. The rationale for this Treaty is to guide the way in which these cases will be developed.
An Extradition Treaty first of all declares the will of the parties, to cooperate in the prosecution of crime and to offer mutual help in cases that are necessary for the prevention and repression of crimes. It stipulates everything related to the causes that entitle the refusal of the request for extradition between the parties, also warning the conditions in which the case must be found, since the Extradition does not proceed if it is estimated in some way, by well-founded reasons, that the person will not be judged satisfactorily by the requesting country and that his criminal activity will be unpunished, or that otherwise, he will be the victim of human abuse or denigration, or discrimination based on race, religion, etc.
In addition, the cases in which it is appropriate to access said request are established. This Treaty specifies everything related to the transfer of the sanctioned. Similarly, reference is made to the treatment of nationals, in the cases of their claim by another State, since the Extradition of nationals does not apply, only in exceptional cases and as stipulated in the internal laws of the States that are parties to the legal relationship of Extradition.
5- Role of the criminal lawyer in the Extradition process.
The criminal lawyer in these cases, is responsible for advising and devising a defense strategy that suits you according to your criminal situation. In addition, these are not always cases in which the person involved wishes to be extradited, but sometimes a state claims a person, since the criminal acts he committed in some way affected his sovereignty, but that his transfer had totally unfavorable repercussions for the subject in question, and therefore does not want to be extradited, so things need the presence of a lawyer to represent him to block such request.
These unfavorable cases can be given because of different elements, for example; if the person being transferred to the claiming State could not continue any relationship with his family, or if the judicial system of that country provides different and unfavorable terms for cases of benefits such as Probation and Conditional Referral of the sanction, as well as the regime of visits and the right to perform paid work, among others.
The fact is that, not at all times it is feasible or feasible to access the Extradition request, for which the legal advice of the lawyer Alexandro Maria Tirelli would be very useful, because in matters of this type you can correctly guide them on the decision to accept or deny the request for extradition, analyzing elements of the laws and judicial systems of each of the States involved. There are many cases of extradition blockade in which the lawyer has represented his clients with satisfactory results.
In addition, the lawyer has had an outstanding participation in the representation of extradition cases, for crimes such as International Drug Trafficking, Money Laundering, International Mafia, etc. crimes that according to their typicality become very complex and require great preparation, not only normative and doctrinal, but also practical experience. International Lawyers Associates, represents its clients at all times, from the beginning of the process until its completion, even if they are being prosecuted, arrested or accused in a criminal process.
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If you or a family member is detained in Italian or Cuban territory, we can help you
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