Measure Implementation

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

The Court of Appeal may refuse the recognition of the decision on financial penalties in one of the following cases: a) if one or more of the conditions to be met for the recognition – double incrimination of the facts or inclusion of the crime in a list of certain crimes for which the double criminality clause does not apply; the sentenced person has incomes or his usual residence in Italy – are missing; b) if the certificate is incomplete o it clearly does not correspond to the decision on financial penalties and has not been completed or corrected by the established deadline; c) if it appears that the sentenced person has been tried, with a definitive decision, for the same facts in Italy or in another different State from that of the decision, and, in the latter case, the decision has been enforced; d) if, for the offenses not included in the list of those for which the double criminality clause does not apply, the facts involved in the decision are not foreseen as a crime also by the Italian legislation; e) if, for the facts for which the recognition has been requested, the prescription of the sentence has already occurred, provided that Italian jurisdiction also exists for these facts; f) if there is a cause of immunity provided for by the Italian law which makes the enforcement impossible; g) if the penalty has been imposed on a person who, on the date of commission of the fact, could not be held criminally responsible due to his age, according to Italian law; h) if the decision refers to acts performed, even in part, in the Italian territory or in a place treated as such, or performed outside the State of the decision, and the Italian law does not allow to proceed for the same facts if committed outside its territory; i) if, on the basis of the certificate, the interested person: 1) in case of written procedure, has not been informed, according to the law of the issuing State, personally or through one of his defenders, of the right to oppose the proceedings and of the related terms of appeal; or, 2) did not appear personally at the trial which ended with the decision, unless the certificate states: 2.1) that, in due course, has been summoned personally and, as such, informed of the date and place set for the trial or that has been in fact officially informed by other means, so as to establish unequivocally that he was aware of that, as well as that he has been informed that a decision could be issued in case of failure to appear in Court; or 2.2) that, being aware of the date set for the trial, had given a mandate to a defender, even if originally appointed ex officio, by whom he had been assisted in the trial; or 2.3) that, informed of the procedure and the possibility of appearing in person at the trial, he has expressly waived the right to appear and notified that he does not oppose the procedure; or 2.4) that, after having received the notification of the decision and having been informed of the right to a new trial or an appeal, he has expressly stated that he does not oppose the decision or did not request a new trial or file an appeal within the established term; 2.5) if the financial penalty applied is lower than seventy euros or the equivalent of this amount.

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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