Guide to International Extradition

How does extradition Work in Italy in 2025? Procedures, requirements, appeals, and differences from the European arrest warrant

Extradition is a form of judicial cooperation between States, involving the transfer of a person under investigation or already y convicted, from the country where they are located to the country where the offence was committed, in order to stand trial or serve their sentence.

What is extradition?

Extradition is the legal process through which an individual is transferred from one country to another, where they are accused or have been convicted of a crime.

It is a key tool for international judicial cooperation, requiring strict attention to and respect for the human rights of the person being extradited.

Types of Extradition

• Active Extradition: Italy requests the surrender of an individual under investigation or convicted abroad.
• Passive Extradition: Italy receives such a request from a foreign State.

Further distinctions include:

• Procedural Extradition: where the person is still to be tried.
• Enforcement Extradition: where the person has already been sentenced.

The extradition procedure in Italy

The procedure is governed by both domestic laws and international treaties. It varies depending on whether the request originates from Italy or from a foreign State.

How does active extradition work?

The process is initiated by the Public Prosecutor General at the Court of Appeal where the sentence was issued or proceedings are pending.

The Ministry of Justice receives the request, supported by relevant documentation, and forwards it to the competent authorities in the country where the person resides.

It is for the Minister of Justice to decide whether to accept any conditions imposed by the foreign State for extradition, provided these do not conflict with Italy’s constitutional principles.

How does passive extradition work?

Passive extradition is based on the principle of double criminality, meaning the act must be considered a crime under both Italian and foreign law.

Extradition may still be granted if the act is criminalised by international treaties ratified by Italy, even if not under Italian domestic law.

The process includes:

• A judicial phase: the foreign State applies to the Minister of Justice, who may reject the request outright or forward it to the competent Court of Appeal.
• An administrative phase: following the Court’s decision, the Minister must ratify or deny extradition within 45 days.

The judicial procedure is governed by Article 701 of the Italian Code of Criminal Procedure. The Court of Appeal in the district where the person resides, or the Court that issued or validated the arrest, or in some cases the Rome Court of Appeal, shall decide on extradition.

The Prosecutor General has three months to assess and submit their recommendation. The defence may submit supporting briefs within ten days.

The Court hears the case, including statements from the Public Prosecutor, the defence, the person sought, and a representative of the requesting State. The judgment can be appealed before the Supreme Court (Corte di Cassazione), which may assess legal errors or rule on the merits.

The individual must always be asked whether they consent to extradition.

If extradition is approved, precautionary measures are imposed. If denied, any such measures are lifted.

The Minister of Justice must confirm the Court’s decision within 45 days. If no action is taken, the person is released.

Even in the face of a favourable ruling, the Minister may still reject the request.

If the requesting State does not take custody of the individual within the set period (usually 15 days), they are released and the extradition order lapses.

Grounds for denying extradition

Extradition can only proceed if certain key criteria are met:

• The foreign conviction must not conflict with Italy’s fundamental legal principles.
• Detention must respect fundamental human rights.
• Political offences are excluded.
• The death penalty must not apply.
• There must be either a final conviction or substantial evidence.
• There must be no ongoing or completed criminal proceedings in Italy for the same offence (ne bis in idem principle).

Additional conditions:

• Extradition must be denied if there is a risk of persecution or discrimination based on race, sex, or religion.
• Nationals may not be extradited unless international treaties permit it.
• The person must not have already been tried for the same offence in Italy.
• There must be no risk of torture or inhuman treatment.
• The requesting State must guarantee that the person will not be detained for unrelated offences.

In the case of the United States, extradition is not permitted if the offence is time-barred there. This protects the defendant and prevents misuse of varying limitation periods.

The European arrest warrant (EAW)

The European Arrest Warrant (EAW) is a streamlined extradition mechanism applicable only within the European Union, regulated by Law 69/2005 and the European Convention on Human Rights.

It allows for the surrender of a person based on a judicial decision for arrest or a custodial sentence. Italian authorities merely verify the validity of the warrant before proceeding.

The forty-day rule

Under Article 16(4) of the European Convention on Extradition (13 December 1957, in force in Italy since 1963), extradition-related detention may not exceed 40 days.

There was legal uncertainty over whether the period starts from the arrest or from when the requesting State is notified.

The Italian Supreme Court (Case No. 9092/13, 25 February 2013) ruled that the 40-day countdown begins on the day of arrest, not upon notification to the requesting State.

Failure to submit the request and required documents within this time results in the person’s release. International treaties take precedence over national laws in this context.

For further information: Recovering Passport During Extradition Proceedings

What if where is no extradition treaty?

Italy currently lacks treaties with about ten countries. This does not completely bar extradition but makes the process more complex and slower.

Even in countries with treaties, requests may be refused if the offence is not recognised as a crime under their laws—just as Italy may deny requests on the same basis.

Boccadutri Law Firm specialises in Cross-Border Criminal Law and offers expert legal assistance to anyone needing support in Italy.

To consult with one of our lawyers, please request a legal consultation.

FAQ – Frequently Asked Questions on Extradition

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