European arrest warrant OEDE - International Lawyers Associates
 

European arrest warrant EAW

We cover all the needs of the detainee, his family and loved ones.

Issues related to extradition, the European arrest warrant, international letters rogatory as well as all the facts related to aspects of judicial cooperation between countries and between police forces (Interpol) have always represented a particularly thorny issue for our country. Imagine the difficulties that those involved may encounter for personal or family reasons when seeking protection.

But what is the European arrest warrant? And who deals with the issue in our country?

In general, the "EAW", the European arrest warrant, is an instrument of international judicial cooperation in criminal matters which, by replacing all the provisions on extradition in relations between the Member States of the European Union, introduces an innovative discipline in surrender matter in relations between judicial authorities in relation to persons affected by precautionary measures or final judgments. The final objective of this tool is to facilitate the delivery of the desired topics within the European space. This agreement is dictated by the need to address criminal phenomena with transnational profiles and is part of an ever-increasing cooperation in criminal matters between the Member States of the European Union.

As far as our country is concerned, it should be specified how Italy executes the European arrest warrant based on the principle of mutual recognition, provided that the European arrest warrant comes from a judicial authority and that, when it is issued for the purpose of 'the execution of a sentence or a security measure that deprives personal freedom, the sentence to be executed is executive. Furthermore, our country does not execute European arrest warrants issued by a Member State against which the Council of the European Union has suspended the implementation of this mechanism after a serious and persistent violation of the principles established by law.

Already in the light of these considerations, it is easy to understand how defense, in this sector, requires a serious knowledge of all international legislation and that relating to investigative collaboration between the judicial authorities of different countries; This experience is undoubtedly among the lawyers of the International Lawyers Associates firm.

If you, a family member or acquaintance is being held for a crime, we can help you.

European arrest warrant: what exactly is it about

A European arrest warrant is defined as' a judicial decision issued by a Member State of the European Union, with a view to the arrest and surrender by another Member State, of a person, for the purpose of carrying out judicial actions in criminal matters or the execution of a sentence or a security measure that deprives personal liberty ".

The "EAW" is not valid for minor offenses and must be used in the light of the principle of proportionality. In fact, before issuing the order, national authorities must assess the seriousness of the crime, the length of the sentence and the cost-benefit ratio. This instrument can be used if the person sought is charged with a crime for which at least one year in prison is foreseen or, in case of conviction, when a minimum sentence of at least 4 years in prison is foreseen.
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The decision to surrender or not a person on the basis of a European arrest warrant is registered in an exclusively judicial process since the Court of Appeal in whose district the accused or convicted person has residence, domicile or domicile at the time of receives the order of the competent judicial authority to execute a European arrest warrant.

The necessary requirement for delivery is the existence of a foreign judicial resolution, by virtue of which the OEDE is issued, which must alternatively consist of an irrevocable conviction or a precautionary measure signed by a Judge and motivated. By virtue of this judicial decision, then, the Judicial Authority of the issuing State must formulate a Request, the OEDE in fact.

In this regard, it is essential to specify that for the issuance of the European arrest warrant the requirement of double criminality is not always required but, on the contrary, mandatory surrender is foreseen for all the crimes indicated in art. 8, L. n. 69/2005 (criminal associations, crimes in the field of prostitution, including minors, or in the field of child pornography, crimes in the field of drugs, weapons, money laundering crimes, etc.).

Furthermore, the delivery can only be rejected for the reasons set out in art. 18, LN 69/2005. Among these reasons are: the fact that the sentence was handed down in violation of the principles of a fair trial, or in violation of inalienable procedural guarantees, in the case of minors or pregnant women or mothers of children under 3 years of age .

Specifically, then, Law No. 69/2005 provides for two delivery procedures: the passive delivery procedure and the active delivery procedure. With the passive delivery procedure, our country is obliged to deliver the subject, with the asset being Italy, which requires, in its own territory, the delivery of an individual.

Regarding the passive procedure, it should be noted that the surrender of the accused or convicted person abroad cannot be granted without the favorable decision of the court of appeal of the district in which the person to be surrendered resides, lives or is domiciled.

Another requirement to legitimize the delivery is that of the cd. double sanction that establishes that the act by which the process is carried out must be considered a crime by both the issuing Member State and the executing State; however, as specified above, this requirement is superseded by article 8 in particularly serious cases. In addition, the delivery is subject to additional requirements, such as: the fact that the requested subject is not simultaneously subjected to another procedure previously committed (unless the subject has left the State where it was delivered or after forty-five days it has been made voluntarily return), that the crime is not punishable by a measure capable of depriving personal liberty, and finally that the person sought has given their consent for the surrender.

European arrest warrant: a constantly evolving discipline

The provisions on the European arrest warrant and the surrender procedures between the Member States are always subject to constant change: this is one more reason why it is good to get in touch with a team of highly competent and always up-to-date lawyers in the sector. .

It is useful to refer, first of all, to Law No. 69, of April 22, 2005, by which the Parliament approved the new provisions on the procedures for the European arrest warrant and surrender between Member States, in application of the Framework Decision 2002/584 / JHA of the European Council; This provision is applied in accordance with the supreme principles of the constitutional order in matters of fundamental rights, freedoms and due process.

Subsequently, the European delegation law of 2018 (Law n.119 / 2019) has prepared, among the most important criteria, that of harmonizing the internal law MAE with the framework decision 2002/584 / GAI, both in relation to the procedure of delivery as the information obligations, with regard to the discipline of the reasons for refusal.

Finally, recently, Legislative Decree February 2, 2021 n. 10 made more significant changes to Law No. 69. The objective of the reform is undoubtedly to eliminate the critical issues that over the years have prevented the principle of mutual recognition from being easy to operate.

Defending yourself against a European arrest warrant: where to turn?

Anyone who wishes to benefit from legal assistance that involves a international legal cooperation serious and qualified can contact the criminal law firm International Lawyers Associates.

If ever, in fact, requests for the surrender of detainees to and from Italy and those for extradition from and to third countries, whether within or outside the borders of the European Union, were almost rare and occasional, today it is the case with many more frequently, and this requires the support of a truly experienced, qualified, competent and specialized team as has always proven to be that of International Lawyers Associates.

International Lawyers Associates: A Success Story on the European Arrest Warrant

The context in which a law firm specialized in the European arrest warrant represents a point in favor of not negligible importance in terms of protection.

This is one of the reasons why International Lawyers Associates firm It is so well known throughout the country, nationally and in other countries.

The credit is due to its dense and extensive European and global network of offices in which lawyers can follow the events of each individual client, with maximum speed and efficiency.

Regarding the OEDE, it is necessary to participate directly in criminal defense, dictating the defensive lines also through colleagues, assistants, third-party associates and partners who come into contact with the inmate and / or assisted.

This is why the Criminal Lawyer Alexandro Maria Tirelli, coordinator of International Lawyers Associates, it can really be considered a highly successful career in the professional field.

With the support of a direct knowledge of Spanish, Portuguese, French and English, the lawyer Tirelli manages to interact personally with the client, as well as with the local judiciary that prosecutes the accused, regardless of where they are.

International problems like, for example. The deliveries of detainees from and abroad are - it goes without saying - are really very delicate: just think of the Uruguayan and Argentine military, requested by the Court of Rome in the framework of the trial established for mass executions to the detriment of the so -called disappeared of Italian origin; Let's think again about the trial against the dictator of Panama, General Manuel Noriega, requested by Italy for the murder of Minister Ugo Spadafora.

An issue as demanding as that related to issues relating to extradition and the European arrest warrant It requires experience and seriousness: it is better to have real professionals.

Assistance to the detainee at the police station

We maintain contact between the affected person and their relatives and loved ones

Before an arrest, the highest priority is to receive specialized legal assistance as soon as possible and to maintain contact with the outside.

 If you or a loved one has been arrested, we can help you.

Assistance in police units

Assistance to the detainee in the same police units within 12 hours to cover all the needs of the affected person and his family.

Specialized advice

We offer information, assistance and advice to the detainee and his family for the duration of the entire process.

Maximum privacy

Personalized treatment and maximum privacy and discretion for the detainee and his family.

Contact us

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.

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    Summary

    Matters related to extradition, the European arrest warrant, international letters rogatory, as well as all events related to aspects of judicial cooperation between countries and between police forces, has always represented a particularly complicated issue in our country. Imagine the difficulties that those involved may encounter for personal or family reasons when seeking protection, but what exactly is the European arrest warrant? And who deals with the issue in our country?

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