News
European arrest warrant: amendment to the right of defence
- 10/10/2016
The Italian Law 22nd April 2005, no. 69, implementing the Council Framework Decision no. 2002/584/GAI, introduced a special regulation of jurisdictional relations with other Member States of the European Union, with regard to the arrest and the surrender of a requested person.
The said legislation regulates the instrument of the European arrest warrant, that is to say the possibility for a Member State to issue an arrest warrant valid over the whole EU territory.
The Italian Decreto Legislativo 15th September 2016 no. 184, published in the Official Gazette on 3rd October, has recently introduced the provision of article 9, paragraph 5 bis, enabling the requested person to appoint a lawyer in the State whose authorities issued the arrest warrant.
Notice to the consular authorities of such appointment, and of the intention of the arrested person to be represented by a lawyer of the issuing State, will be given by the Italian court of appeal in whose district the person in question is resident.
Up to now, this amendment to the right of defence is the last element of the Italian legislation on the European arrest warrant.
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