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

Enforcement of a Custodial Sentence (903)

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

A) Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union, implemented by Legislative Decree 161/2010 (entered into force on 5.12.2011). B) Convention on the Transfer of Sentenced Persons, adopted in Strasbourg on 21 March 1983, ratified and made enforceable in Italy by Law of 25 July 1988, no. 334 and implemented by Law of 3 July 1989, no. 257 (that entered into force on 20.7.1989).

3. COMPETENT AUTHORITY TO:

Italia

* receive the request/decision for judicial cooperation

The certificate under Article 4 of Framework Decision 2008/909, together with the judgment to be recognised, shall be transmitted to the Ministry of Justice. As to the transfer procedure under the Convention on the Transfer of Sentenced Persons, adopted in Strasbourg on 21 March 1983, the recognition of the judgment to be enforced shall also be carried out upon initiative by the Minister of Justice.

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

As to the transfer procedure under Framework Decision 909/2008/JHA, the judicial authority competent to decide on recognition and enforcement is the court of appeal in whose district the convicted person is resident, has the home or the domicile at the time the measure is transmitted to the court. Where the jurisdiction cannot be determined in this way, the competence belongs to the Court of Appeal of Rome. In case of arrest of the sentenced person, the competence belongs to the court of appeal of the district in which the arrest occurred. As to the transfer procedure under the Convention on the Transfer of Sentenced Persons adopted in Strasbourg on 21 March 1983, the Minister of Justice shall transmit the judgment, whose recognition is sought, to the Prosecutor General attached to the Court of Appeal of the district where the sentenced person was born (or if this cannot be identified to the Prosecutor General attached to the Court of Appeal of Rome), together with a translation into Italian, the documents enclosed therewith, any further available documents and a request by the foreign State to enforce the sentence in the Italian State (or a document showing the foreign State’s consent to sentence enforcement).

4. ACCEPTED LANGUAGES

Italia

Accepted languages for the request/decision

As to the transfer procedure under Framework Decision 909/2008/JHA, Italy has not deposited any statement as laid down by Article 23 of this Decision. Therefore, the certificate needs to be translated into Italian but no translation of the judgment of conviction is required to start the procedure. As to the transfer procedure under the Convention on the Transfer of Sentenced Persons adopted in Strasbourg on 21 March 1983, Italy has deposited a statement in compliance with Article 17 paragraph 3 by which it has requested that a request for transfer and the documents enclosed therewith be accompanied by a translation into Italian or into one of the official languages of the Council of Europe.

5. EXECUTION DEADLINE

Italia

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

As to the transfer procedure under Framework Decision 909/2008/JHA, the Court of Appeal shall decide within 60 days of reception of a judgment of conviction accompanied by the relevant certificate translated into Italian. If due to extraordinary circumstances a decision cannot be made within that timeframe, there may be an extension of 30 days. In such a case the Presiding Judge shall inform the Minister of Justice of the grounds for this, and the Minister shall in turn inform thereof the Issuing State.

6. CONCISE LEGAL PRACTICAL INFORMATION

Italia

a. Special requirements

The domestic legislation does not include additional conditions or requirements as compared to those contemplated by international instruments. It is worth noting that: - Italy has not made any notification under Article 4 paragraph 7, Article 7 paragraph 4, Article 28 paragraph 2 of Framework Decision 909/2008/JHA; - pursuant to Article 3 paragraph 3 of the Convention on the Transfer of Sentenced Persons adopted in Strasbourg on 21 March 1983, Italy has declared that it will not apply the conversion of sentence procedure laid down in Articles 9 paragraph 1 letter a) and 11 of the Convention.

b. Other useful information

None.

Last reviewed on 6 julio 2016 by Secretariado de la RJE

Medidas relacionadas


Guía para la primera visita
Si no sabe usar las fichas belgas para solicitar asistencia judicial mutua, visite esta página

  • ® 2021 EJN. Todos los derechos reservados