Measure Implementation

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

The Court of Appeal shall not recognize the European protection order when: a) the information provided by the issuing State results incomplete; b) the protection measure entails obligations not compatible with those related to the precautionary measures regulated by articles 282-bis e 282-ter of the Italian criminal procedure code; c) the protection measure was ordered with reference to a fact that it does not constitute a crime under Italian law; d) the person has been judged definitively for the same facts by one of the Member States of the European Union, provided that, in case of conviction, the sentence has already been enforced or is being enforced, or can no longer be enforced under the laws of the State that issued the decision; e) the facts for which the protection order was issued could have been judged in Italy and a cause of extinction of the crime or sentence has already occurred; f) for the facts for which the protection order was issued a declaration of non-place to proceed has been pronounced, except that the conditions for the revocation of the declaration occur; g) there is a cause of immunity recognized by the Italian legal system; h) the protection measure was applied by the issuing State to a person who, on the date of commission of the fact, could not be held criminally responsible under the Italian law; i) the protection measure was adopted in the issuing State with reference to crimes which, according to 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)

Concise legal practical information

Special requirements

Last reviewed on 23 March 2023 by EJN Secretariat

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