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European Observer on fundamental right's respect

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Case Law 28139/2008 (04/07/2008)

Type: Judgment

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

Date: 07/04/2008

Subject: The Court states that the norm according to which to the European arrest warrant must be attached a “report on the facts debited to the person of which the hand-over is requested, with the indication of the sources of evidence, of the time and place where the crimes were committed and of their juridical qualification" must not be intended in a formal way, but in the sense that in the documentation transmitted by the issuing Member State there must be an indication of the above requirements for the acceptance of the request of hand-over, regardless of the act where these are contained. Therefore the Court quashes without revert the decision of the Court of Appeal of Venice with regard to crimes committed before 7 August 2002 and those concerning the municipal tax on commercial activities provided by the German legal system.

Original language: Italian

Classification: Justice - Art. 49 Principles of legality (nullum crimen, nulla poena sine lege; lighter penalty) - Proportionality of penalties

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