Analysis of Judgment No. 2820 of 2024: European Arrest Warrant and Precautionary Measures
Judgment No. 2820 of December 19, 2024, filed on January 23, 2025, has raised important issues regarding the computability of foreign precautionary measures in the context of the European arrest warrant. In particular, the Court has established that the period of subjection to precautionary measures other than detention in prison cannot be considered for the purposes of pre-trial detention in Italy. This principle applies when preventive measures do not involve a deprivation of liberty comparable to that of pre-trial detention.
The Regulatory and Legal Context
The Court, presided over by S. B., examined a case in which the defendant, A. S., had been arrested in France following a European arrest warrant and subjected to judicial supervision. This supervision included weekly reporting obligations to the authorities and monthly reporting to the judge. The judgment clarifies that, in such circumstances, the time spent under these measures cannot be counted towards pre-trial detention in Italy.
European arrest warrant - Surrender from abroad - Subjection abroad to measures other than detention in prison - Computability for the purposes of pre-trial detention terms - Conditions - Case law. Regarding the European arrest warrant, the period of subjection to a precautionary measure, other than detention in prison, suffered abroad cannot be computed for the purposes of the maximum term or the phase term of pre-trial detention in Italy, if the person to be surrendered has been subjected to preventive measures which, due to their type, duration, effects, and execution methods, do not involve a deprivation of liberty comparable to that imposed by custodial constraints.
Implications of the Judgment
This decision has significant implications for those facing a European arrest warrant. In particular, it emphasizes the importance of distinguishing between different types of precautionary measures. Indeed, not all preventive measures can be considered equivalent to pre-trial detention. The consequences of this judgment can affect the right to personal liberty and the right to defense, as less restrictive measures are not counted in the calculation of pre-trial detention terms.
- Clarity on preventive measures
- Distinction between pre-trial detention and other measures
- Impact on legal defense
Conclusions
In conclusion, judgment No. 2820 of 2024 represents a crucial step in Italian jurisprudence concerning European arrest warrants. The Court has reiterated the need for a rigorous approach in evaluating precautionary measures. This decision not only offers clarity on the computability of measures but also raises questions about the protection of the fundamental rights of individuals involved in international criminal proceedings. It is essential that every legal subject involved in such dynamics is adequately informed and assisted to ensure the respect of their rights.
