Italy: Extradition In Italy

Last Updated: 14 June 2019
Article by Arnone & Sicomo

Extradition in Italy: definition and categorization

Extradition is a mechanism for international cooperation among sovereign States, it consists in the procedure by which a State (the requested State) turns over to another State (the requesting State) an individual charged with a crime committed in the requesting State, for purpose of being prosecuted or punished by final sentence.

Extradition is contingent upon "double incrimination" condition, namely the deed for which extradition is requested shall be considered a crime by the Italian law and the foreign law.

We speak of:

  • active extradition or from overseas, when the extradition request is submitted by the Italian Authority, for crimes committed on the Italian soil;
  • passive extradition or for overseas, when the Italian Authority grants it upon request from a foreign State.

Passive extradition in Italy

In order for the Italian court to favourably made the decision in regard to the request of passive extradition, the following conditions need to be met:

  • a final conviction sentence issued overseas against the individual destined for extradition, alternatively strong evidence of guilt against the individual;
  • for the same deed and against the same person for whom extradition has been requested there shall not be an ongoing criminal procedure, neither a final sentence shall be issued in the Italian State;
  • the sentence for which request of extradition has been submitted shall not contain provisions contrary to the fundamental principles of the Italian State;
  • there shall be no reason for which the individual destined for extradition will be subject to acts of persecution or discrimination, cruel, inhuman or humiliating punishments or treatments or to acts that constitute violation of the person's fundamental rights;
  • for the crime for which extradition has been requested, it is necessary that the individual destined for extradition has not been subject to a procedure which has not ensured respect of fundamental rights;
  • it must not involve any political crimes or crimes for which the requiring foreign State applies death penalty.

Extradition procedure from Italy to overseas

Passive extradition procedure consists of two phases: a jurisdictional phase and an administrative phase.

The first jurisdictional phase begins with transmission of request of extradition, together with all considerably relevant documents, from one foreign State to the Italian Minister of Justice.

Unless the Minister considers to immediately reject the request and unless the individual destined for extradition expressly agrees with being extradited, the Minister shall transmit the request and annexed documents to the General Prosecutor at the competent Court of Appeal of the defendant/offender's place of residence, or of the place in which the defendant/offender physically happens to be at the moment the request is submitted.

Extradition cannot be granted without favourable decision of the Court of Appeal.

Once the request is received, the General Prosecutor at the Court of Appeal shall summon the individual destined for extradition, mandatorily assisted by a lawyer, for purpose of identification and questioning him in regard to his eventual agreement with being extradited.

The concerned individual is informed that he is assisted by a public defender, however he may also appoint a private counsel.

Within three months from receipt of request, the General Prosecutor shall submit to the Registry of the Court of Appeal his own indictment. Notification of submission will be delivered to the individual destined for extradition, to his defender and to the eventual representative of the requesting Stare, they may have access to documents and lodge statements of case within 10 days from notification.

Once deadline elapses, the President of the Court of Appeal schedules the hearing for judgement by decree to be notified to the other parties at least 10 days in advance, otherwise it shall be void. The hearing held in chambers, is performed without public audience.

The Court of Appeal decides by a judgement delivered in chambers after obtaining information and disposing necessary verification, and after having heard the General Prosecutor, the concerned individual's defender and, if they show up, the individual for whom extradition is requested and the representative of the requesting State.

In the course of extradition procedure, it is possible that coercive measures are applied against the individual destined for extradition, as for instance preventive custody in prison or home detention.

Judgement may be brought before the Supreme Court (Court of Cassation), even for the subject matter.

The administrative phase of extradition procedure for overseas begins consequently to the concerned individual's acceptance, or subsequently to the judgement favourable to extradition.

Within 45 days from receipt of record which contains consent to extradition, or from appeal term deadline expiry notification, or from submission of judgement by the Supreme Court, the Minister of Justice shall deliver his final decision.

It is noteworthy that the Italian Minister of Justice may reject the extradition request, even if the concerned individual agreed with it or the Court of Appeal pronounced a favourable judgement.

If the Minister agrees wit the request, his decision is transmitted to the requesting State, with indication of place and date of handover of the individual destined for extradition. In case the requesting State does not take over the individual on the scheduled term, the extradition granting decree loses effectiveness and the concerned party shall be set free.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions