Generally talking, all the offences which constitute a crime also according to Italian law allow surrender, provided that the penalty provided for by the foreign legislation is not lower than 1 year.
When it comes to the EAWs issued with a view to enforcing a decision of conviction, the penalty or the security measure must be not less than 4 months.
Moreover, the European arrest warrant is executed regardless of double criminality for the offenses which, according to the law of the issuing Member State, fall within the categories referred to in Article 2 (2) of the Framework Decision 2002/584/GAI and are punished with a penalty or a security measure implying a deprivation of personal liberty for three years or more.
Without prejudice to the cases in which the general condition for the execution of the EAW – provenance from a Judicial Authority, final conviction (for the executive EAWs), respect of the fundamental rights and constitutional safeguards, double criminality requirement – the Court of Appeal refuses the surrender in the following cases:
a) if the crime indicated in the European arrest warrant is extinguished for amnesty pursuant to Italian law, when the Italian State has jurisdiction over the fact;
b) if it appears that against the requested person, for the same facts, an irrevocable conviction or criminal decree, or a sentence of non-prosecution no longer subject to appeal has been issued in Italy, or a definitive decision has been issued in another Member State of the European Union, provided that, in the event of a conviction, the sentence has already been executed or is in the process of being executed, or can no longer be executed under the laws of the State that issued the decision;
c) if the person who is the subject of the European arrest warrant was under the age of 14 at the time of the commission of the crime.
When the European arrest warrant has been issued for the purpose of prosecution, the Court of Appeal may refuse surrender in the following cases: a) if the European arrest warrant concerns crimes that by Italian law are considered crimes committed in whole or in part in its territory, or in a place equivalent to its territory, or crimes that have been committed outside the territory of the issuing Member State, if Italian law does not allow criminal prosecution for the same crimes committed outside its territory; b) if, for the same fact that is at the basis of the European arrest warrant, criminal proceedings are being carried out against the requested person.
When the European arrest warrant has been issued for the purpose of executing a sentence or a security measure depriving personal liberty, the Court of Appeal may refuse the surrender of the sought person who is an Italian citizen or a citizen of another Member State of the European Union, lawfully and effectively residing or living in Italian territory for at least five years, provided that the Court states that this penalty or security measure is carried out in Italy in accordance with its domestic law.
Moreover, when the European arrest warrant has been issued for the purpose of executing a sentence or a security measure applied at the end of a trial in which the interested party did not appear in person, the Court of Appeal may also refuse the surrender if the European arrest warrant does not contain an indication of any of the conditions which – generally talking – are capable to prove his actual knowledge of the proceedings or the decision, and the issuing State has not provided information on these conditions when being request to do so.