Extradition and Double Criminality: Analysis of Judgment No. 30718 of 2024

The judgment no. 30718 of May 14, 2024, by the Court of Appeal of Trento represents an important step in Italian jurisprudence regarding extradition for drug possession offenses. In particular, the Court reiterated the importance of the principle of double criminality, a crucial element in the extradition process that ensures that a person cannot be extradited for an offense that is not recognized as such in their own legal system.

The Context of the Judgment

In the case at hand, the Court had to evaluate the extradition request made by a foreign State, where the offense of drug possession is prosecuted even for personal use. The decision focused on the necessity to verify whether the grounds for the extradition request could deduce a criminally relevant fact according to our legal system.

Conviction abroad for the offense of drug possession - Principle of double criminality - Checks on the grounds - Necessity - Case. In the context of extradition abroad, in order to assess the existence of the requirement of double criminality in relation to the offense of drug possession, the Court of Appeal, where the request comes from a State in which possession for personal use is also prosecuted, must examine the foreign grounds and verify whether, from the related reasoning, the existence of a criminally relevant fact for our legal system can be deduced. (Case regarding extradition to the Republic of Albania).

The Principle of Double Criminality

The principle of double criminality, governed by Article 13 of the Penal Code and the New Code of Criminal Procedure, establishes that in order for a person to be extradited, the fact for which extradition is requested must be configured as a crime both in the requesting country and in the requested country. This principle is essential to ensure respect for fundamental rights and justice.

  • The Court referred to national and international norms, emphasizing the importance of judicial cooperation.
  • The assessment of the foreign grounds must be thorough and not superficial.
  • The specific case concerned Albania, but the implications are broader and relate to extradition practices with other States.

Conclusions

The judgment no. 30718 of 2024 by the Court of Appeal of Trento highlights the importance of a rigorous application of the principle of double criminality in extradition requests. This approach not only protects the rights of individuals but also ensures that legal norms are applied uniformly and fairly. Legal practitioners and citizens must be aware of these dynamics, as they directly influence international cooperation in criminal matters.

Bianucci Law Firm