Oct 19 Regarding the European arrest warrant
The rejection of the delivery for not sending the requested documentation prevents a new decision on the same mae request
Cass. criminal section vi, n. 35290
With respect to the European arrest warrant, the ne bis in idem principle applies with respect to the irrevocable judgment with which the delivery was revoked, because the requesting state did not send the requested additional documentation, therefore, the court the appeal cannot, after receiving the aforementioned documentation later, re-pronounce on the same request, modifying the previous decision of rejection (in motivation, the court has specified that only in the case in which the refusal is motivated by the serious danger of being subjected to treatments not allowed, in the sense of art. 18, c.1, lett.h), l.69 of 2005, the sentence must be considered adopted "in the state of acts" and, by therefore, it is susceptible to a new evaluation if the impediment to delivery is eliminated).
From this point of view, the Court of Cassation has clarified that an exception to the exclusion effect that arises from a negative sense can only be recognized in the particular hypothesis in which delivery is rejected due to the danger to which the person submitted in the state issuer Inhuman or degrading treatments.
In this case, in fact, the previous decision can be modified if, within a reasonable time, news is received that allows the exclusion of the danger in question.
Criminal Court of Cassation 2019, 2, 762
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