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Commentary on the Judgment of the Italian Court of Cassation, Criminal Section VI, No. 31174 of 2023: The New Guidelines on Extradition and Preventive Seizure

The recent ruling of the Court of Cassation, No. 31174 of 2023, is at the center of a complex debate regarding international judicial cooperation between States, particularly between Italy and San Marino. This case touches on crucial aspects of criminal law, especially concerning the procedures for preventive seizure and the necessity of following well-defined formal procedures.

Context of the Ruling

The case originated from a request for judicial cooperation from the San Marino authorities, who sought the seizure of the profits from a money laundering offense. The Preliminary Investigating Judge of the Milan Court accepted the request, but the defense challenged the decision due to procedural flaws, particularly for 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 procedures for transmitting requests for judicial cooperation.

Legal Issues Raised

The ruling 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 procedures for transmitting requests for judicial cooperation.

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

Implications of the Ruling

The ruling No. 31174/2023 has significant implications for judicial practice. It underscores the necessity for strict adherence to notification procedures and the methods of transmitting requests for international cooperation. The Court clarified that the absence of such formalities can compromise the right of defense of the accused, violating fundamental principles of due process.

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

Conclusion

In conclusion, the ruling 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 Italian authorities follow the guidance provided by the Court to ensure the legality and effectiveness of precautionary measures while respecting the rights of the individuals involved.