Fichas Belgas
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Execute/recognise measure

Accepted Languages

Execution Deadline

Legal info
Special requirements
Other information

Fiches Belges: Italia

Embargo de bienes (501)



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

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.



* receive the request/decision for judicial cooperation

In the cases, and under the conditions, laid down in Article 15 CoE or Article 53 SIC, requests for legal assistance may directly be addressed to the Court of Appeal of the place where they shall be executed or to the Court of Cassation when the requested activity is supposed to be executed in more than one Court of Appeal district; the Court of Cassation shall identify the competent Court of Appeal, and in doing this account will be taken of the number of measures to be adopted as well as their type and importance with reference to the location of the judicial offices concerned (Article 724 of the Code of Criminal Procedure). If a direct transmission is not allowed, letters of request shall always be addressed to the Ministry of Justice that gives effect to the proceedings and transmits them – together with the documents enclosed therewith, if any – to the Office of the Prosecutor General attached to the competent Court of Appeal (or to the Court of Cassation for a preliminary identification of the competent Court of Appeal), unless: 1) the requested measures are considered to jeopardise the sovereignty, security or other essential interests of the State; 2) it is evident that the requested measures are expressly prohibited by the law or are contrary to the fundamental principles of the Italian legal system; 3) there are reasons for believing that considerations on grounds of race, religion, sex, nationality, language, political opinions or personal or social conditions may have a negative impact on the course or outcome of the trial and apparently the defendant has not spontaneously given his or her consent to the letter of request; 4) the requesting State does not provide adequate assurances of reciprocity (Article 723 of the Code of Criminal Procedure).

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

The execution of letters of request shall be ordered by the Court of Appeal, and in doing so it shall delegate, for the execution, one of its members or the Pre-trial Investigation Judge of the place where the measures have to be enforced. The Public Prosecutor may not be delegated for the execution. The actual execution of the requested activity shall be referred to the Judicial Police.



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.



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




a. Special requirements

In the Italian system the following types of seizure may be carried out: - seizure for evidentiary purposes: concerning the corpus delicti and things related to the offence that are necessary to establish that an offence has been committed (corpus delicti means any item on which or through which an offence has been committed and the things that constitute its product, profit or price); - restraint: concerning things related to an offence likely to worsen or extend the consequences of an offence or facilitate the commission of further offences; - restraint for purposes of confiscation: concerning things that were used or intended to be used to commit an offence, and things that constitute its product, price or profit, as is the case for computer or electronic communication devices and property that were used to commit computer-related offences (615 ter et seq.); - seizure: concerning movable and immovable property or sums of money held by the defendant, or things due to him/her, if there are reasons for believing that the assets to be used as guarantees for the payment of fines, court costs and any other sum of money due to the Treasury or the guarantees for the civil obligations arising from criminal offences may be lacking or dissipated; - seizure for purposes of confiscation of property of corresponding value: in relation to specific offences (e.g. embezzlement, extortion, bribery) there is a possibility to resort to seizure aimed at confiscating property whose value corresponds to the profit or price of the offence, when the profit or price of the offence may not be recovered; - seizure for purposes of so-called ‘extended’ confiscation: in case of persons convicted for specific offences it is possible to seize assets from them whose value appears to be out of proportion to their income or business, and this type of seizure is aimed at confiscating those assets. If a request for seizure is made under the Strasbourg Convention on Mutual Assistance, Italy may decide to grant its execution on condition of reciprocity pursuant to Article 5 § 2.

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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