Judgment No. 22688 of 2023: Passive Extradition and Compensation for Unjust Detention

The recent judgment No. 22688 of March 14, 2023, filed on May 25, 2023, offers important insights in the legal field, particularly regarding passive extradition procedures and the right to compensation for unjust detention. The Court of Cassation, in its ruling, highlights the need to precisely ascertain the obstructive conduct of the person subject to extradition, thereby clarifying the relationship between intent, gross negligence, and the risk of flight.

Context of the Judgment

The case involved a passive extradition procedure, which concluded with the rejection of the request. The Court addressed the issue of compensation for unjust detention, establishing that the obstructive conduct of the person subject to extradition must be assessed based on the risk of flight, both when the precautionary measure was ordered provisionally and when the measure was maintained after the extradition request.

• Relevance of intent or gross negligence in assessing obstructive conduct.
• Distinction between provisional and definitive precautionary measures.
• Legal implications for compensation for unjust detention.

The Legal Principle Enunciated

Passive Extradition - Obstructive Conduct - Intent or Gross Negligence of the Person Subject to Extradition - Assessment - Risk of Flight - Relevance. In matters of compensation for unjust detention, where deprivation of personal liberty has been suffered within the framework of a passive extradition procedure that concluded with the rejection of the request, the intentional or grossly negligent obstructive conduct of the person subject to extradition must be ascertained, for the purpose of recognizing the right, with reference solely to the risk of flight, both in cases where the coercive precautionary measure was applied provisionally pursuant to Articles 715 and 716 of the Code of Criminal Procedure, and in cases where it was ordered, continuing the detention, after the extradition request, pursuant to Article 714 of the Code of Criminal Procedure.

This legal principle establishes that, to obtain compensation for unjust detention, the person subject to extradition must demonstrate that their conduct did not constitute a risk of flight and that they did not act intentionally or with gross negligence. This distinction is fundamental, as intent or gross negligence can influence the outcome of the proceedings for recognizing the right to compensation.

Conclusions

Judgment No. 22688 of 2023 represents an important milestone in the legal journey concerning passive extradition and compensation for unjust detention. It clarifies that it is essential to ascertain the obstructive conduct of the person subject to extradition in relation to the risk of flight, highlighting the importance of a careful and rigorous assessment. This decision not only offers a clear regulatory framework but also raises significant questions for legal professionals, inviting them to reflect on the implications of the conduct of the person subject to extradition in complex contexts such as extradition.