Measure Implementation

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

The Court of Appeal may refuse, informing the competent authority of the issuing State, the recognition of the decision on the conditional release in one of the following cases: a) if the conditions to be met for the recognition – the person must have his usual residence in Italy or must be willing to come over and take up his usual residence – are missing and, for the offenses for which the double criminality clause does not apply, if the facts judged by the foreign decision are not envisaged as a crime also by the Italian legislation; b) if the certificate sent together with the decision to be recognized is incomplete or does not correspond manifestly to the release conditional decision and has not been completed or corrected by the deadline established; c) if it appears that the recognition of the decision and the transfer of supervision on conditional suspension measures or alternative sanctions violates the prohibition to try a person, who has already been definitively judged, for the same facts; d) if the penalty is prescribed according to Italian law and for the fact for which the conviction has occurred there is the Italian jurisdiction; e) if there is a cause of immunity recognized by the Italian law which makes the enforcement impossible; f) if the sentence has been imposed on a person who, at the date of commission of the fact, could not be held criminally responsible due to his age, according to Italian law; g) if, on the date of receipt of the judgment or decision of conditional release from the Ministry of Justice, the obligations and prescriptions imposed must be fulfilled and observed for a period of less than six months; h) if the interested party did not appear in person at the trial terminated with the decision, unless the certificate states: 1) that, in due course, he was summoned personally and, as such, informed of the date and place set for the trial or that he was in fact officially informed by other means, in a way to be established unequivocally that he was aware of that, as well as that he was informed that a decision could be issued even in case of failure to appear in court; or; 2) that, being aware of the date set for the trial, he has given a mandate to a defender, even if originally appointed ex officio, by whom he was assisted in court; or; 3) that, after having received the notification of the decision and having been expressly informed of the right to a retrial or to an appeal, he has expressly declared not to oppose the decision or did not request a retrial or file an appeal within the established deadline; i) if the judgement or decision on conditional release provides for a medical or psychiatric treatment measure incompatible with the Italian prison or health system; l) if the decision refers to crimes which, according to the Italian law, are considered committed in whole or in part within the territory of the State or in another place equivalent to this.

Legal Framework

International legal framework applicable for this measure in your Member State

Competent Authority

* receive the request/decision for judicial cooperation

Accepted languages

Accepted languages for the request/decision

Execution deadline

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

Please see MEASURE IMPLEMENTATION

Concise legal practical information

Special requirements

Last reviewed on 13 April 2023 by EJN Secretariat

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