Италия


IT

Official (constitutional) name of the country: Italian Republic

Organisation of the judicial system

 

Judicial systems in Member States - Italy

 

Judicial cooperation

General description of the national system for international judicial cooperation in criminal matters

Text in original language, English and/or other available languages of the relevant national laws/provisions of the Criminal procedure codes  on judicial cooperation in criminal matters (Link to UNODOC website)

Link to the EJN website’ section on the status of implementation in Italy of the EU legal instruments on judicial cooperation in criminal matters

Link to the national Fiches belges

Links to the relevant sections of the Council of Europe and United Nations Treaties Offices websites containing information on the conventions to which Italy is party
Council of Europe Treaty Office
United Nations Treaty Collection

 

Useful national links

Ministry of Justice
Supreme Court  (Court of Cassation)
Council for the Judiciary
National legislation databases

 

Recent national developments on judicial cooperation in criminal matters

(Information provided during the 36th Regular Meeting of the European Judicial Network on 24 February 2015, The Hague)
There have been developments regarding two bills:

1)    The European Delegation Bill 2014 (which has already been approved by the Council of Ministers and it has been submitted to the Accounting Department for it to put its seal thereon thus allowing for its assignment to one of the Chambers of Parliament with a view to starting the relevant parliamentary scrutiny) concerning the Framework Decisions adopted before the Lisbon Treaty

a) Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams;
b) Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence;
c) Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties;
d) Framework Decision 2008/947/JHA of 27 November 2008  regarding probation as amended by Framework Decision 2009/299/JHA of 26 February 2009 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions;
e) Council Framework Decision 2009/299/JHA of 26 February 2009 amending framework decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial;
f) Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlements of conflicts of exercise of jurisdiction in criminal proceedings;

2)    Upon a proposal by the Minister of Justice, the Council of Ministers has approved a Bill stipulating that the Government shall be delegated to introduce a reform of Book XI of the Code of Criminal Procedure. Amendments to the provisions on outgoing extradition requests: deadline of surrender and maximum time limit for coercive measures. These legislative measures aim at simplifying and expediting mutual legal assistance (letters of request) and extradition procedures.

  • ® 2020 EJN. All Rights Reserved