Omission of Notification in the Extradition Process: Commentary on Judgment No. 48467 of 2023

Judgment No. 48467 of 2023, issued by the Court of Cassation, serves as an important reference point in Italian jurisprudence regarding extradition and defense rights. In this specific case, the Court addressed the issue of the failure to notify the citation decree, a crucial element to ensure the respect of the rights of the individual involved in an extradition proceeding.

The Context of the Judgment

The case examined by the Court concerns the defendant, D. E., who was in a situation of extradition. The Court of Appeal of Bolzano had annulled the extradition request, highlighting that the citation decree provided for by Article 704, paragraph 1, of the Code of Criminal Procedure had not been properly issued and notified to the extraditee. This omission led to an absolute and incurable nullity, directly affecting the defendant's right to defense.

Omission and failure to notify the citation decree provided for by Art. 704, paragraph 1, of the Code of Criminal Procedure - Consequences - Absolute and incurable nullity. In terms of extradition abroad, the lack of proper issuance and notification to the extraditee of the citation decree provided for by Art. 704, paragraph 1, of the Code of Criminal Procedure, concerning the omitted summons of the subject against whom the procedure is ongoing, results in an absolute nullity affecting the right to defense, which cannot be remedied by knowledge "aliunde" acquired of the hearing date, nor by the appearance of the party. (Case in which the extraditee had only received a notice from the court office for the hearing set to deliberate on the extradition request).

The Implications of the Judgment

The decision of the Court of Cassation highlights the importance of adhering to notification procedures within the context of an extradition proceeding. Italian and European regulations, including principles of international law, require that every person involved in a legal proceeding has the opportunity to defend themselves adequately.

  • The right to defense is a fundamental principle guaranteed by the Italian Constitution (Art. 24).
  • The failure to notify procedural acts can compromise the fairness of the trial and the respect for human rights.
  • Extradition procedures must strictly follow established rules to avoid violations of individual rights.

Conclusions

In conclusion, Judgment No. 48467 of 2023 represents an important reminder of the observance of procedural rules during extradition proceedings. The Court of Cassation reiterated that the failure to notify the citation decree not only compromises the right to defense but also results in a nullity that cannot be remedied. This case underscores the importance of ensuring that all parties involved in a trial have access to a fair process, thereby safeguarding the fundamental rights of every individual.

Bianucci Law Firm