Fichas Belgas
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Italia

Sending and service of procedural documents (406)

1. MEASURE IMPLEMENTATION

Italia

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

Yes, it is.

2. LEGAL FRAMEWORK

Italia

International legal framework applicable for this measure in your Member State

As the so-called MAP Convention has not yet been ratified, the main instruments that can be used at present for requests for co-operation are the following: A) European Convention on Mutual Assistance in Criminal Matters signed in Strasbourg on 20 April 1959, ratified by Law of 23 February 1961, no. 215 (hereinafter referred to as CoE). B) Convention Implementing the Schengen Agreement of 19 June 1990, ratified by Law 20 September 1993, no. 388 (hereinafter referred to as SIC). C) United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, signed in Vienna on 20.12.1988, ratified by Law of 5 November 1990, no. 328. D) United Nations Convention against Transnational Organised Crime, signed in Palermo on 13 - 15 December 2000, ratified by Law of 16 March 2006, no. 146. E) United Nations Convention against Corruption, signed in Merida on 9 - 11 December 2003, ratified by Law of 3 August 2009, no. 116. Italy has also signed other bilateral or multilateral conventions with respect to specific offences (including numerous conventions on terrorism), and they allow for the application of this measure.

3. COMPETENT AUTHORITY TO:

Italia

* receive the request/decision for judicial cooperation

It is common knowledge that in the countries belonging to the Schengen Area provision has been made for direct service of process by post (Article 52 SIC). If the Authority in charge of the proceedings decides not to resort to this possibility, the request shall be transmitted to the Public Prosecutor’s Office (Procura della Repubblica) of the place where service of process has to be carried out in case of a witness summons and the service of documents on a defendant who has his/her residence or whereabouts in Italy. In any other case, the ordinary procedure for letters of request (see 101, 3 and 6 - a) is required. For countries not belonging to the Schengen Area, the request may be transmitted to the Public Prosecutor’s Office (Procura della Repubblica) of the place where service of process has to be carried only for a witness summons (and therefore this does not include the service of documents on a defendant). In any other case, the ordinary procedure for letters of request (see 101, 3and 6 - a) is required. It should be borne in mind that the Minister of Justice may decide not to give effect to a letter of request when its aim is the summons of a witness, an expert or a defendant and the requesting State has not provided appropriate assurances as to the immunity of person who has been summoned to appear (Article 723 of the Code of Crimin

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

N/A

4. ACCEPTED LANGUAGES

Italia

Accepted languages for the request/decision

Requests for cooperation submitted under the Strasbourg Convention or the Convention Implementing the Schengen Agreement may be drafted either in English or French. In the other cases the use of the Italian language is required.

5. EXECUTION DEADLINE

Italia

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

None.

6. CONCISE LEGAL PRACTICAL INFORMATION

Italia

a. Special requirements

N/A

b. Other useful information

When activities are requested that have to be conducted in more than one Court of Appeal district, it may be appropriate to draft distinct letters of request (each one addressed to the Office of the Prosecutor General that has jurisdiction in a single district), so as to avoid a preliminary intervention by the Court of Cassation as already mentioned above, and execute letters of request more expeditiously.

Last reviewed on 6 julio 2016 by Secretariado de la RJE

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