04 Dec Organized crime between Italy and Mexico
Regarding organized crime between Italy and Mexico, it will never have borders with good international cooperation between the two nations. It is decided to expand legal instruments in matters of EXTRADITION AND LEGAL ASSISTANCE IN CRIMINAL MATTERS, closing spaces in criminal proceedings.
All this inspired by the Palermo convention in 2000 after Mexico had carried out the most important constitutional criminal reform of the decade. This strengthens the rule of law, the guarantee of presumption of innocence, respect for human rights, plus the protection of people and their property as a right.
To expedite extradition proceedings, all electronic media acting in real time, on money laundering and drug trafficking issues may be used.
Criminal Legal Assistance
Regarding the issue of Criminal Legal Assistance, joint work is carried out in both Nations in the field of organized crime between Italy and Mexico with the procedural steps they use under due process for seizures, searches, assurances and witness statements solidifying in addition strong barriers to fight international crime.
Italy has the best Criminal legal support in assistance to these crimes, with lawyers specializing in extradition, drug trafficking, and illegal exchange as the renowned Dr. ALEXANDRO MARIA TIRELLI.
Knowing that in this case of extradition can be granted to "any person" and their nationals, however none of the contracting parties are obliged to extradite their nationals and the country's Executive Power may request the extradition of a national if so considers it necessary or beneficial for bilateral relations with the requesting State.
Political crime or related to a political crime
Now it should be clear that Italy belonging to the European community, extradition will not be granted if the crime for which it is requested is considered by the requested State as a political offense or related to a political offense. The same rule shall apply if the requested State has well-founded reasons to believe that the request for extradition for a crime under common law has been submitted to prosecute or punish a person based on race or religion, nationality or political opinion, or that The situation could result in the person being harmed for any of these reasons.
The measures applicable to extradition in Italy according to the criminal procedure code are coercive, at the request of the Ministry of Justice for this reason it can request the kidnapping of the body of the crime and everything related to this fact. However, these coercive measures cannot be granted without thinking that there are no conditions for a favorable sentence in relation to extradition in relation to organized crime between Italy and Mexico.
The competent courts for the extradition process in addition to requesting any preventive measure are "The Court of Appeal", or Supreme Court of Cassation.
What happens when the detention is in Italian territory?
If the detention has been in Italy: A foreigner when he is detained in Italy may ask for help and protection from his consulate, even when the Italian authorities are not obliged to notify unless the detainee so requires.
Foreign consulates will not be involved in legal proceedings unless they will assume legal costs, they will only support the issue of: contacting the family, offering a list of local lawyers through a visit by a consular officer to the jail.
For the purposes of choosing lawyers, it should be taken into account that they are experts in Criminal Law, International Law and, above all, that handles the language of the detainee.
If an acquaintance has been arrested in Italy contact us, we will give you ample legal assistance, we speak Spanish, English and Italian throughout the territory of the Italian Republic: we will give you help inside the prison (contacts and messages with your relatives), as well as also establish your defensive strategy and full representation in the process.
Strasbourg Convention on extradition and transfer of convicted persons.
Strasbourg Convention on extradition and transfer of convicted persons: Foreigners held in a prison in Italy may be transferred to their country to continue serving their sentence, this for cooperation in international criminal matters and social rehabilitation of those convicted in their country of origin, this happens with organized crime between Italy and Mexico.
Persons under the Strasbourg treaty may be transferred to their country of origin under conditions, that they are citizens of the state of execution, that the sentence be final, and that at the time of the request the person has at least six months of the serving sentence or sentence determined; and that the convicted person agrees to the transfer as well as the State of conviction and the State of extradition must be.
This Strasbourg agreement obliges contracting countries to inform convicted persons about their rights and the possibility of requesting the transfer as long as the sentence is final.
We assist you throughout Mexico and Italy
If you or a family member is detained in Italian or Mexican territory, we can help you
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.
Thanks to Dr. Tirelli for the help provided.
- Alvaro Guzman
Regarding organized crime between Italy and Mexico, it will never have borders with good international cooperation between the two nations, where it is decided to expand legal instruments in matters of EXTRADITION AND LEGAL ASSISTANCE IN CRIMINAL MATTERS, closing spaces in criminal proceedings.