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European Observer on fundamental right's respect

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Case Law 42767/07 (20/11/2007)

Type: Judgment

Authority: National Courts: Supreme Courts (Italy) - Corte di Cassazione

Date: 11/20/2007

Subject: The handing over of an Italian citizen according to a European arrest warrant is not prevented by the possibility that the penalty is executed in Italy, except for the possibility for the judiciary authority to order that after conviction the sentence be served in Italy. Moreover the fact that the crime, if persecuted in Italy, wouldn’t bring to detention is not decisive, since the arrest warrant has been executed by a judiciary authority of another State.

Original language: Italian

Classification: Justice - Art. 47 Right to an effective remedy before a tribunal - Art. 49 Principles of legality (nullum crimen, nulla poena sine lege; lighter penalty)

Text download Italian