Commentary on Judgment No. 2369 of 2024: Extradition and the Principle of Speciality

The judgment no. 2369 of March 21, 2024, issued by the Court of Cassation, provides important insights on the topic of extradition, particularly regarding the principle of speciality. This principle establishes that an extradited individual cannot be prosecuted for offenses different from those for which extradition was granted, unless explicit consent has been given. The Court analyzed a specific case concerning the extradition of an Italian citizen from Colombia, clearly establishing the limits and modalities of applying the speciality clause.

The Principle of Speciality in Extradition

The principle of speciality is a crucial element in international and national law. It is based on the idea that a State cannot criminally prosecute an individual for offenses other than those for which extradition was requested. The Court of Cassation confirmed that the scope of this clause is governed by the laws and legal instruments in force at the time of the extradited individual's handover. From this perspective, compliance with current regulations is essential to ensure the legality of criminal action.

  • Relevance of current procedural rules
  • Exclusion of favorable regulatory changes
  • Importance of the Italy-Colombia Treaty

Relevance of the Judgment and Practical Implications

In the judgment under review, the Court deemed the conviction for offenses committed prior to the handover free from flaws, excluding the retroactive applicability of subsequent regulatory changes. This aspect is of fundamental importance, as it implies that any legislative or conventional improvements, such as those provided for by the Italy-Colombia Treaty and Legislative Decree no. 149 of 2017, cannot be applied retroactively to benefit the extradited individual.

SPECIALITY - Prescriptive content - Identification - Legal instrument in force at the time of handover - Relevance - Favorable subsequent changes - Applicability - Exclusion - Case. In terms of extradition from abroad, the scope of applicability of the speciality clause, as a limit to the exercise of criminal action for offenses different from those that motivated the extradition, is governed by the procedural rules and the conventional instrument in force at the time of handover, with subsequent changes in the regulatory framework, whether domestic or supranational, being irrelevant, favorable to the delivered subject. (Case concerning the extradition of an Italian citizen from Colombia, in which the Court deemed the conviction for offenses committed prior to the handover free from flaws, which excluded the retroactive applicability of the preclusions to the principle of speciality introduced by Article 721, paragraph 2, of the Code of Criminal Procedure by the provisions of Article 5 of Legislative Decree of October 3, 2017, no. 149 and the norms of the Italy-Colombia Treaty of December 16, 2016, ratified by law of July 17, 2020, no. 82, on the grounds that such provisions came into force after the handover of the extradited individual).

Conclusions

Judgment no. 2369 of 2024 represents an important precedent for extradition cases and clarifies the scope of the principle of speciality. The Court reiterated that the regulations in force at the time of handover are decisive for the applicability of the speciality clause, excluding the possibility of retroactive applications of more favorable regulations. This jurisprudential orientation will ensure greater certainty and stability in international criminal law, with significant implications for the protection of the rights of individuals involved in extradition proceedings.

Bianucci Law Firm