Measure Implementation

Is this measure possible in your Member State under International Judicial Cooperation?

The Court of Appeal may refuse the recognition of the conviction in one of the following cases: a) if one or more of the conditions to be met for the recognition – in general, Italian citizenship or residence, consent, double criminality requirement, compatibility of the duration and nature of the penalty or the safety measure with the Italian legal system – are missing; b) if the certificate is incomplete o it clearly does not correspond to the decision and has not been completed or corrected by the established deadline; c) if it appears that the sentenced person has been tried, with a definitive decision, for the same facts in one of the Member States of the European Union, and, in case of conviction, the sentence has already been enforced or is being enforced, or can no longer be enforced under the laws of the State that issued the decision; d) if the facts for which the protection order was issued could have been judged in Italy and a cause of extinction of the crime or sentence has already occurred; e) if a declaration of non-place to proceed has been pronounced in Italy, except that the conditions for the revocation of the declaration occur, or if the penalty is time-barred according to Italian law; f) if there is a cause of immunity provided for by the Italian law which makes the enforcement of the sentence impossible; g) if the penalty has been imposed on a person who, on the date of commission of the fact, could not be held criminally responsible due to his age, according to Italian law; h) if, at the date of receipt of the conviction from the Ministry of Justice, the duration of the sentence still to be served is less than six months; i) if the decision was pronounced in absentia, unless the certificate indicates that the person has had actual knowledge of the procedure or decision and has voluntarily renounced to appear or to lodge an appeal or opposition; l) if the issuing State has, prior to the decision on recognition, refused the request formulated by the Italian Judicial Authority to subject the same sentenced person to criminal proceedings or to deprive him of his personal liberty, for an offense committed prior to the transmission of the decision and different from that for which the transmission took place; m) if the sentence imposed includes a medical or psychiatric treatment measure or other measure depriving personal freedom which are incompatible with the Italian prison or health system; n) if the conviction refers to crimes which, according to the Italian law, are considered committed in whole or in part within the territory of the State or in another place equivalent to this.

Legal Framework

International legal framework applicable for this measure in your Member State

Competent Authority

* receive the request/decision for judicial cooperation

Accepted languages

Accepted languages for the request/decision

Execution deadline

Deadlines for the execution of the request/decision (where applicable)

Please see MEASURE IMPLEMENTATION

Concise legal practical information

Special requirements

Last reviewed on 13 April 2023 by EJN Secretariat

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