Arrest and Statute of Limitations: Commentary on Judgment No. 20169 of 2022

The recent judgment No. 20169 of 2022 by the Court of Cassation offers an important reflection on the issue of arrest in execution of a European Arrest Warrant and its impact on the statute of limitations for the sentence. This ruling emphasizes how an arrest made abroad, in implementation of a European Arrest Warrant issued by the Italian State, interrupts the running of the statute of limitations for the sentence, initiating a new calculation period.

The Meaning of Arrest in Execution of a European Arrest Warrant

The Court has established that the arrest of a convicted person abroad, even if subsequently released due to the lack of a custodial measure applied by the foreign judicial authority, is nevertheless an act that interrupts the statute of limitations. This aspect is fundamental to understanding the mechanism of judicial cooperation within the European Union and the rights of convicted persons.

• Interruption of the statute of limitations: the arrest marks the commencement of the sentence's execution.
• New calculation of the statute of limitations period: each new arrest resets the previous term.
• Relevance of release: subsequent release does not affect the interruption of the statute of limitations.

Analysis of the Judgment's Headnote

Arrest in execution of a request for a European Arrest Warrant by the Italian State - Interruption of the statute of limitations and commencement of a new period - Existence - Application of a non-custodial measure - Relevance - Exclusion. The arrest of the convicted person carried out abroad, in execution of a European Arrest Warrant issued by the Italian State, constitutes an act capable of interrupting the running of the statute of limitations for the sentence, as it determines the commencement of its execution and a "de novo" calculation, with no relevance given to the subsequent release of the convicted person due to the non-application of a custodial measure by the foreign judicial authority.

This headnote highlights how an arrest, as an act of execution of a warrant, not only interrupts the running of the statute of limitations but completely restarts the term's count, thus ensuring the effective application of justice. This concept is essential to guarantee that victims' rights are respected and that convicted persons cannot evade their responsibilities through the mere passage of time.

Conclusions

In conclusion, judgment No. 20169 of 2022 represents a significant step in Italian jurisprudence concerning the statute of limitations and European Arrest Warrants. It clarifies that an arrest in execution of a European Arrest Warrant is not only a crucial moment in the application of the sentence but also a key element in the fight against impunity. Through this decision, the Court of Cassation reaffirms the importance of judicial cooperation among European Union member states and the need to protect victims' rights and public order.