27 Apr Extradition between the governments of Italy and Spain
Once signed a Treaty of Extradition between the Governments of Italy and SpainIt is much more affordable to carry out this criminal procedure, which is based on international cooperation bases and mutual aid between the different countries that make up the international community. International Lawyer Associates, is a prestigious law firm that offers legal services of all kinds but also has lawyers specialized in extradition cases, such as lawyer Alessandro M. Tirelli, who has an integral experience in the processing of these types of matters .
If you, a family member or acquaintance is being held for a crime, we can help you.
Between the countries Italy and Spain, bilateral relations are excellent, both of which form two of the strongest powers in the European continent and have sufficient legal bases to carry out an extradition process.
International Relations between the Governments of Italy and Spain.
Between the countries Italy and Spain, bilateral relations are excellent, both of which form two of the strongest powers in the European continent and have sufficient legal bases to carry out an extradition process. Thus, both govern their actions in matters of extradition under the European Extradition Convention of 1957, of which both are obviously signatories and according to other bilateral Treaties.
The extradition procedure in Spain.
The Royal Spanish Academy defines "extradition" as follows: "procedure by which the authorities of one State deliver a person to those of another who claim it so that it can be prosecuted criminally in this second or serve a penalty already imposed ».
In the European nation, the extradition procedure is regulated in the Criminal Procedure Act since 1882, although the last revision in force dates from 2015. In article 824 and following of the aforementioned Law establishes essential guidelines that regulate the procedure, for example the Article 826 deals with the subjects subject to extradition:
- Of the Spaniards who, having committed crimes in Spain, have taken refuge in a foreign country.
- Of the Spaniards who, having attacked abroad against the foreign security of the State, would have taken refuge in a country other than the one in which they criminalized.
- Of foreigners who, having to be tried in Spain, would have taken refuge in a country other than their own.
What is the? Euroorden ??
Its full name is European Detention and Delivery Order, an effective agreement since 2004 for the 28 countries of the European Union (EU). This excludes Iceland and Norway, although both nations participate in the Schengen Agreement for the free movement of persons.
So clearly between the governments of Italy and Spain, the delivery of individuals is completely viable, since they are member states of the European Union.
The truth is that Spain is a nation with a very complete legal system, so it includes other legal instruments that allow it to extradite criminals with other States, therefore it has signed Multilateral Agreements, this being the case of the Euroorder, and the so-called Convention European Extradition (Ceex), which was signed in 1957, which is applied in parallel to the Euroorder, since its function includes the participation of some countries that are not part of the European Union, this is the case of Armenia, Korea from the South, Monaco, South Africa or Switzerland and the United Kingdom. The participation of Russia is somewhat particular, since even when it signed the Convention, it has never come to ratify it.
Spain has also signed bilateral treaties with other countries, which add up to 30 Extradition agreements, even if they are countries that have also signed multilateral agreements, but with which it needs to clarify more specific guidelines that require more specific legal treatment, This is the case in the countries of France and the Netherlands. But he has also signed Treaties that are purely bilateral with nations such as the United States, Canada, Brazil, Spanish-American countries (Argentina, Mexico, Peru, Venezuela, Colombia, Uruguay, Paraguay, Cuba, Bolivia, Ecuador), Australia, Morocco, Liberia…
It is important to note that when the European Order of Detention and Delivery was approved, it did not mean the repeal of the 1957 Agreement at all. Therefore, since both Italy and Spain are signatories of both agreements, we are referring to the following question: Which of the 2 rules will govern an extradition procedure between these countries?
These are really two completely autonomous sources of legal cooperation, which apply to a similar, but not identical, set of countries. What happens in practical cases is that whenever a State can choose between applying the rules of the 1957 Convention or the European Order, as is the case of the Governments of Italy and Spain, they usually choose to govern the procedure using the European Order, since the proposed regime is more agile and therefore preferable in practice for the actions of the countries involved, but it must be made clear that it is purely a customary solution, since there is no legal obligation that contract the parties to be governed by one or another legal norm.
Countries with which Spain has no extradition agreements.
States like Afghanistan, North Korea, Iraq, Iran or Somalia have no extradition treaty with Spain. What undoubtedly represents a disadvantage in the bilateral relations between these nations, since if the delivery of a certain offender is necessary and essential, the procedure would be carried out only based on the principle of international reciprocity, but leaving the operating mode to thanks to the situation faced at that time, since there is no previous Treaty that regulates and regulates the way of carrying out the procedure or the particularities of each action to be carried out.
The particular case of political crimes
Extradition when there is no Agreement or Treaty that links the countries parties to the process, it is not mandatory for the requested country to carry it out, that is, to access the request for delivery of the requesting country, although it can do so, by virtue of the free determination that sovereignty grants to any State and thanks to the principles of Public International Law that govern the actions of these sovereign entities in the international community.
What should be understood is that even if there is such a prior agreement between the parties, by virtue of which individuals are obliged to hand over each other before the claim of the other contracting party, there are always exceptions to refuse such request, as is the case of political crimes. These crimes cannot be a cause for extradition, because their particular and independent nature does not allow it. It happens that political crimes are those faults, infractions, violations or breaches, which undermine the political integrity of a given State, that is, that the same political crime cannot be committed against 2 different States, which refers to one of The main issues in the Extradition Treaties, and that the fact by which the individual is intended to be judged or judged, is a criminal act as regards both parties, that is, the crime must be so much in the requesting party , as in the required part, so the political crime is not a basis for extraditing a person, because once it is exceeded from the sphere of action of the State attacked by the action of the subject, it immediately ceases to constitute a crime, because it is not with respect to another State, except for the one in which it was committed.
Regarding the Extradition Procedure between the governments of Italy and Spain
Regarding the Intermediate Phase of the process, once the first diligence is finished, and when it has been decided whether the person on whom an international search and capture order weighs awaits the final decision on his extradition in freedom or in prison, The next step that the Court will take will be to go to the national authorities that have issued the order to send the file of the required and correctly formalize your request.
Regarding the Decision Phase, if the Council of Ministers does not accept extradition between the governments of Italy and Spain, the process ends at that time, and may not be repeated in the future for the same facts. In the event that extradition has been accepted, the Instructor Judge in charge of the case will summon all parties for a hearing.
Treaty between Spain and Italy that suppresses extradition proceedings
In the case of the commissioners of the so-called? Serious crimes? As the terrorists, gangsters, drug traffickers and convicted of sexual abuse, with sentences exceeding four years, the Governments of Italy and Spain agreed that they could be delivered directly without extradition. What entails the reciprocal immediate delivery of detainees in cases of terrorism, organized crime, drug trafficking, human trafficking, sexual abuse of minors and illegal arms trafficking. In addition to suppressing extraditions for crimes considered serious, the signed document establishes preventive detention for urgent cases and only excludes people who enjoy immunity in both legal systems. The Treaty meant a pioneering act, which was an example of cooperation between the countries of the European Union.
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