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

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 a person cannot be extradited for an offense that is not recognized as such in their own legal system.

Context of the Judgment

In the case under examination, the Court had to assess the extradition request submitted by a foreign State, where the offense of drug possession is prosecuted even for personal use. The decision focused on the need to verify whether the extradition request document could infer a fact that is criminally relevant according to our legal system.

Conviction abroad for the offense of drug possession - Principle of double criminality - Checks on the document - Necessity - Case facts. In matters of extradition abroad, in order to assess the existence of the double criminality requirement with reference to the offense of drug possession, the Court of Appeal, if the request comes from a State where possession for personal use is also prosecuted, must examine the foreign document and verify whether, from its reasoning, the existence of a fact criminally relevant to our legal system can be inferred. (Case facts concerning extradition to the Republic of Albania).

The Principle of Double Criminality

The principle of double criminality, governed by Article 13 of the Criminal Code and the New Code of Criminal Procedure, establishes that for an individual to be extradited, the act for which extradition is requested must constitute 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 document must be thorough and not superficial.
• The specific case concerned Albania, but the implications are broader and concern extradition practices with other States.

Conclusions

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 individuals' rights but also ensures that legal norms are applied uniformly and justly. Legal professionals and citizens must be aware of these dynamics, as they directly influence international cooperation in criminal matters.