The possibility of extradition represents a particular burden – both for the person concerned and their loved ones. Experienced legal support is essential when defending against an extradition request from member states of the European Union. The legal basis for extradition from Germany to Italy is the European Arrest Warrant. According to official extradition statistics of the German Federal Ministry of Justice, 113 extradition requests from Italian authorities were approved in 2021. The most common offences for the extradition requests from Italy were theft, battery, and drug-related offences.

At Schlun & Elseven, our extradition lawyers have the necessary expertise and experience in dealing with European Arrest Warrants and Interpol Red Notices to best represent you in these challenging situations. If extradition proceedings against you are already pending, please contact us immediately so that we can initiate appropriate countermeasures without delay.

The European Arrest Warrant (EAW) accelerates the enforcement of a national arrest warrant within another EU member state. It makes extradition permissible even if the suspect’s doing does not constitute a criminal offense under the law of the requested state. Only the criminal offenses and offenses listed in the framework decision of the EAW are decisive. These include, for example, involvement in a criminal organization, terrorism, human trafficking, aiding, and abetting illegal entry and residence, and corruption.

The EAW’s main concept however is the principle of mutual recognition between member states. This means that it can be trusted that the other states will comply with the necessary requirements for an EAW, since as member states they share the EU’s common values. There is, therefore, mutual trust between the member states, so that the court dealing with an extradition request can assume that the requesting state respects the provisions within the EU Charter of Fundamental Rights. This confidence can be refuted if there is reason to assume a breach of the “ordre public” within the meaning of Section 73, Clause 2 of the Act on International Mutual Assistance in Criminal Matters (IRG). Certainly, this presumption of trust makes the defense against an EAW even more challenging and requires the support of experienced extradition lawyers.

The requirements for the extradition of a German national to, Italy, a member state of the EU are as follows:

• At their request, the persecuted person must be transferred back to Germany to carry out the sentence. Only the hearing and the delivery of the judgment may take place in Italy.
• Furthermore, there must be a relevant link between the act and the requesting Member State. According to § 80 II 2 IRG, this is to be affirmed if the suspected act took place on the sovereign territory of Italy or the result of the act occurred there to a substantial extent.

Extradition is excluded when one of the following grounds are at hand:

• Minority: The person is a minor and has not yet reached the age of criminal responsibility in the executing state.
• Double jeopardy: The arrested person has already been convicted of the same offense – and, in case of a conviction, the sentence has already been served, is being served or can no longer be served under the law of the convicting Member State.
• Dual criminality: The offense must be a crime in both states. Except for the offenses explicitly listed in the Framework Decision.
• Parallel criminal proceedings: There are already criminal proceedings against the person for the same offense or the person has already been convicted of the same offense in a third country.
• Amnesty: The offense falls under an amnesty in the requested state and that state was responsible for prosecuting the offense under its own criminal law.
• Statute of limitations: The prosecution is already statute-barred.
• Incapacity: The persecuted person is not criminally responsible.
• Judgment in absentia: the accused did not personally attend his criminal hearing.
• Life imprisonment

A 2022 report by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) has highlighted a variety of critical conditions in Italian prisons. In addition to the fact that Italian prisons were overcrowded overall, the following was noted:

• Sanitary areas and cells were squalid and infested with mold.
• Some of the cells did not get any daylight due to shutters.
• Prisoners stayed in the cells for up to 23.5 hours a day.
• Complaints about lack of hygiene products and clothing were recorded.
• There were instances of 15–19-hour breaks between meals.

Upon closer examination, these circumstances may represent an obstacle to extradition. Please do not hesitate to contact us for a more in-depth assessment of how such circumstances may impact on your extradition case.

Our extradition lawyers have long-standing expertise in examining legally complex cases and have extensive experience dealing with requests for extradition to be able to represent you as effectively as possible during this challenging time. We will analyze your case in detail and examine on what basis the EAW could be challenged. We know how time sensitive defending against Extradition is – contact us now for timely legal advice.