Commentary on Judgment Cass. pen., Section VI, No. 31174 of 2023: New Guidelines on Extradition and Preventive Seizure

The recent judgment of the Court of Cassation, No. 31174 of 2023, is at the centre of a complex debate concerning international judicial cooperation between States, particularly between Italy and San Marino. This case touches upon crucial aspects of criminal law, especially regarding the methods of preventive seizure and the need to follow well-defined formal procedures.

Context of the Judgment

The case originated from a request for judicial cooperation by the San Marino authorities, who requested the seizure of the proceeds of a money laundering offence. The Judge for preliminary investigations at the Court of Milan granted the request, but the defence appealed the decision due to procedural defects, particularly the failure to notify the seizure order issued by the requesting State.

The Court of Cassation annulled the contested order, emphasizing the importance of the correct methods for transmitting requests for judicial cooperation.

Legal Issues Raised

The judgment addressed several legal issues, including:

• The legitimacy of the failure to notify the San Marino seizure decree.
• The violation of international conventions, particularly the Warsaw Convention of 2005.
• The methods for transmitting the request for judicial cooperation.

In particular, the Court highlighted that the relevant legislation for judicial cooperation was not the bilateral Convention of 1939, but more recent provisions, such as those of the 2005 Convention, which require specific methods for transmitting seizure requests.

Implications of the Judgment

Judgment No. 31174/2023 has significant implications for judicial practice. It underscores the need for strict adherence to notification procedures and methods for transmitting international cooperation requests. The Court clarified that the absence of such formalities can compromise the defendant's right to defence, violating the fundamental principles of a fair trial.

Furthermore, the case highlights the need for more harmonized judicial cooperation in compliance with international norms, to avoid future disputes and ensure that individuals' rights are always respected.

Conclusion

In conclusion, the judgment of the Court of Cassation represents an important step forward in defining legal relations between States and in affirming fundamental rights in the context of judicial cooperation. It is essential that the Italian authorities follow the guidelines provided by the Court to ensure the legality and effectiveness of precautionary measures, while respecting the rights of the individuals involved.