In the context of growing international judicial cooperation, Interpol as an international criminal police organization undoubtedly plays a key role. Indeed, when a person has committed a crime and is not in the same territory, the central authority issues a report to Interpol in which the name of the person who committed the crime is entered in the database so that the forces the order of all the countries of the world will proceed with the arrest once the fugitive is found
Subsequently, therefore, the extradition sentence will be executed before the Judge of the nation of the place where he is detained, and the legitimacy of the international arrest warrant will be assessed; In the event that the international arrest warrant is not legitimately issued, the detained person must be released immediately. Otherwise, if everything has been done legitimately, he will be extradited to the requesting country to face trial or serve his sentence.
Lately, however, the Red Notice tool is widely used, which is a request sent to police forces around the world to provide for the arrest of a person internationally on the basis of a provision that restricts personal freedom. issued by a national or international judicial authority. The application of the Red Notice is carried out against wanted persons who must be requested an international arrest warrant for acts committed in another State, in order to evidently guarantee extradition. This request may only be published if the offense in question is a common law offense of particular gravity and if the request is of interest for the purposes of international police cooperation.
In this case, in almost every country in the world the application of the red notice by Interpol is considered a valid request for provisional arrest, particularly in the event that the request for arrest comes from a
State with which Italy has concluded an EXTRADITION treaty
As is well known, then, our legal system provides for two types of extradition: passive, in which it is the foreign state that requests the extradition from the Italian State, and active, in which Italy submits the extradition. application to another country.
Generally, on this subject, the most frequent question to the criminal defense lawyer, as well as to the professional necessarily qualified in the matter, refers to the conditions and limits for the granting of this institution.
Well, for the purpose of surrendering wanted persons for criminal justice purposes, extradition is not allowed, if the fact that is the object of the extradition request is not provided as a crime by Italian law and by foreign law; This, however, can be granted or offered, even for crimes not provided for in international conventions, as long as they do not expressly prohibit it.
In this regard, the Court of Cassation, in a very famous judgment, well known by every criminal lawyer who collaborates with our International Lawyers Associates firm, specified that the requirement of double criminality, in accordance with art. 13 cod pen. does not postulate the exact correspondence of the normative configuration and the treatment of the case, but only the applicability of the criminal sanction, in both legal systems, to the acts for which it is proceeded (Criminal Cassation, Section VI, judgment no. 2014). What is sufficient, therefore, is that the act is considered a crime by both States involved. However, it is irrelevant whether the crime is punished differently or whether a different discipline is provided for the application of mitigating or aggravating circumstances.
Even the different nomen iuris do not matter, the mere provision of the act as a crime is sufficient.
In addition, the extradition of the citizen is not allowed, unless it is expressly allowed in international conventions.
In addition, the State requesting the extradition of a convicted person (executive extradition) or of a defendant (procedural extradition) cannot proceed against him for a fact that is earlier or simply different from the one for which the extradition was granted. interested party gives their explicit consent.
Likewise, it should be remembered that extradition, subject to the ne bis in idem principle, is prohibited if requested for political crimes, and above all prohibited if there are reasons to believe that the person sought will be subjected to acts that constitute the violation of one of the fundamental rights of the person!
On the subject, the European Court of Human Rights has repeatedly reiterated that the suffering inflicted must never exceed that unavoidable element of suffering related to any form of legitimate punitive treatment.
The States have the obligation to ensure that every extradited person is detained in conditions that respect their dignity, and that the manner in which the sentence is carried out does not cause anguish and anguish of greater intensity than the inevitable level of suffering inherent in the detention. the criminal lawyer specialized in extradition is obviously the main guarantor of this need.
The procedure for granting extradition consists of several stages, both administrative and judicial, which requires serious and specialized assistance; assistance that our team, constantly updated on the matter, is able to provide through extensive support that is provided throughout the process,
The possibility of managing an extradition procedure in the best possible way exists and it is a concrete possibility!