Analysis of Judgment No. 17316 of 2024: Extradition and Death Penalty

The judgment no. 17316 of April 11, 2024, of the Court of Cassation represents an important step in Italian jurisprudence regarding extradition. It focuses on a case involving a request for procedural extradition from the Islamic Republic of Pakistan, related to a crime of voluntary manslaughter. The decision highlights the interaction between Italian legislation and human rights, particularly the prohibition of extradition in the absence of an international treaty when the crime is punishable by death.

The Regulatory Context

The Court, in rejecting the extradition request, referred to Article 698, paragraph 2, of the Italian Code of Criminal Procedure, which establishes that extradition cannot be granted if the crime for which it is requested is punishable by death. This principle aligns with the fourth paragraph of Article 27 of the Constitution, which affirms the right to life and the prohibition of the death penalty, reinforcing Italy's position as a nation that protects human rights.

Procedural extradition - Crime punishable abstractly by death - Exclusion - Conditions - Case. In terms of extradition, in the absence of a treaty with the requesting state, the rule provided by Article 698, paragraph 2, of the Code of Criminal Procedure does not allow for procedural extradition in favor of the foreign state when the act for which it is requested is punishable by death. (Case regarding procedural extradition requested by the Islamic Republic of Pakistan in relation to the crime of voluntary manslaughter).

Implications of the Judgment

This judgment has significant implications for international judicial cooperation and the respect for human rights. In fact, the absence of an extradition treaty between Italy and Pakistan has led to a strict application of Italian laws, highlighting how the protection of fundamental rights prevails over considerations of international cooperation. In this context, it is important to emphasize:

  • The role of Italy as a state that defends human rights.
  • The need for bilateral treaties for extradition requests.
  • The consequences for foreign citizens accused of crimes in countries with strict laws.

Conclusions

The judgment no. 17316 of 2024 of the Court of Cassation underscores the importance of safeguarding human rights in the context of extradition requests. It serves as a warning for Italian judicial authorities and foreign states, highlighting how Italian legislation cannot compromise fundamental rights, particularly when it comes to crimes punishable by death. Jurisprudence continues to evolve, and this decision represents a significant step towards a more equitable justice system that respects human rights.

Bianucci Law Firm