Fiches Belges: Italy

Is this measure possible in your Member State under International Judicial Cooperation?

Yes, it is.

International legal framework applicable for this measure in your Member State

Currently, restitution can be required by the concerned person or legal entity on the basis of national legislation.

* receive the request/decision for judicial cooperation

In case of incoming letters, court of appeal as execution judge of the MLA request. In case of outgoing request, Public Prosecutor, Pre-trial Investigation Judge, Judicial Authorities in charge of the proceedings, Review Court (Tribunale del riesame), according to the stage of the proceedings and to the nature of the seizure.

* execute/recognise the measure (if other than the receiving authority)

N/A

Accepted languages for the request/decision

N/A

Deadlines for the execution of the request/decision (where applicable)

N/A

a. Special requirements

N/A

b. Other useful information

In case of incoming letters of request two remedies are possible against seizure orders: the review and opposition. In case of outgoing letters of request, restitution may be sought from the Public Prosecutor (for measures ordered in the preliminary investigation stage) and opposition from the Pre-trial Investigation Judge in case of refusal. Furthermore, the Court of Cassation has admitted resort to a review even in this case as a letter of request does imply a tacit seizure order.