Extradition between Italy and the USA

Extradition is a complex legal procedure in which one country hands over an accused or convicted person to another country for criminal prosecution or to serve a court sentence. This mechanism is based on international treaties, agreements, and the national legislation of the countries involved in the process. The process supports international cooperation for mutual legal assistance in handling serious ordinary law crimes.

Our firm specializes in extradition matters and has extensive experience handling cases involving the transfer of individuals between Italy and the USA. We thoroughly examine each case to offer effective defense strategies. Our experienced specialists will assess all legal aspects of the case, gather a complete body of evidence, and support clients throughout all stages of the proceedings.

The existing extradition treaty between the United States and Italy was signed on October 13, 1983, and came into effect on September 24, 1984. This agreement governs the transfer of a suspected or convicted criminal to another country and aims to strengthen cooperation between the two countries in combating transnational crime.

Extradition between Italy and the U.S. is provided for the following categories of crimes: murder and infliction of grievous bodily harm, kidnapping, sexual and labor exploitation, financing of terrorism, planning and carrying out terrorist acts, financial fraud, money laundering, bribery, embezzlement of state funds, illegal drug trafficking, and cybercrimes. In general, extraditable offenses are crimes punishable by imprisonment for a term of not less than one year.

Extradition Process actions that are recognized as crimes under the laws of both Italy and the United States are subject to extradition. Individuals accused of political crimes are not subject to extradition, except in cases of terrorism or crimes against humanity. If the crime in the U.S. is punishable by death, Italy may require guarantees that the death penalty will not be applied.

Italy and the USA may deny extradition requests for their own citizens, but they are obligated to prosecute them under their own laws for crimes committed abroad.

The agreement ensures the protection of the defendant’s fundamental rights. A person cannot be extradited if they face the risk of torture, cruel treatment, or inhumane detention conditions, or if there is a risk of an unfair trial.

The procedure begins with sending an official request through diplomatic channels. The requesting state must include the following information:

The request is transmitted through the Ministry of Justice or the Ministry of Foreign Affairs of the country receiving the request. Upon receipt, a legal review of its justification is conducted, along with an analysis of the presented evidence to determine if it is sufficient for extradition.

Extradition is only possible in cases where the act is recognized as a crime in both countries. If the offense does not entail criminal liability according to the national laws of the receiving country, the request may be denied.

Extradition is also not carried out for crimes of a political nature: the struggle for independence, opposition politics, racial, religious, or ethnic discrimination. The exception includes acts related to international terrorism and crimes against humanity.

Both the US and Italian legal systems can refuse to grant extradition if there are grounds to believe that in the requesting country:

If the statute of limitations for the crime in question has expired in the requesting country, extradition cannot be carried out. Some countries do not allow the extradition of their own citizens to a foreign government. In such cases, the state is obligated to prosecute the individual under its own laws.

A request can also be denied if there is insufficient evidence or if the evidence does not procedurally meet the requirements of the receiving party. Another basis for refusal to issue is the violation of formal requirements: the absence of a national arrest warrant, a court verdict, deadlines for submission not met, or the request was submitted by an improper authority.

If a person has refugee status or political asylum in the host country, extradition may violate the international obligations of the state. If the individual is already serving a sentence for the crime in the host country, a request for extradition will also be denied.

An individual has the right to have their case reviewed by an independent court, which assesses the legality and justification of the request. A suspect is considered innocent until proven guilty in a court of law. The decision on extradition can be appealed in a higher court. While the appeal is being considered, extradition is usually suspended, allowing time for preparing a defense.

To challenge an extradition request, it’s crucial to clearly define the legal grounds, which we have discussed in detail earlier in this article. A lawyer files objections against the extradition with the judicial authority reviewing the request. The documents may include: petitions for presenting evidence, confirmation of political persecution or the threat of human rights violations, and pointing out procedural errors.

The court conducts hearings where the evidence presented by the parties is evaluated, the lawyer’s arguments about the illegality of the request are considered, and a decision is made regarding extradition or denial. If the court of first instance approves the extradition, the lawyer files an appeal with a higher court. In the appeal, it is necessary to point out procedural errors, present additional evidence, or provide reasons for denial.

If all domestic instances have rejected a complaint, it’s possible to take the complaint to international organizations, such as the European Court of Human Rights, the UN Human Rights Committee, and others. In some countries, even after a court decision, the final say remains with the executive branch (for example, the Minister of Justice).

Our legal team provides a full range of services for protection against extradition. Experienced specialists offer consultations, prepare evidence and petitions to contest extradition in court, and if necessary, appeal to higher authorities and international bodies.

The Amanda Knox Case. American student Amanda Knox was convicted by an Italian court for the murder of her roommate Meredith Kercher in 2007. After a complex legal process that included several appeals, the Italian Supreme Court acquitted Knox in 2015. However, during the process, there was a question regarding the potential extradition of Knox from the U.S. to Italy.

The case of Robert Ladde. American citizen Robert Ladde was charged by Italian authorities with fraud involving financial instruments. Italy has requested his extradition from the U.S. to face criminal charges for his alleged crime.

The Case of Rocco Morabito. The notorious Italian mafia boss Rocco Morabito was arrested in South America and extradited to Italy. However, in 2018, he was hiding in the USA, which necessitated his re-extradition.

The Luigi Scammarella Case. Italian entrepreneur Luigi Scammarella was accused in the United States of money laundering. The U.S. has requested his extradition from Italy.

Individuals with dual citizenship find themselves in a unique legal situation that can affect the extradition process.

First off, Italy does not extradite its citizens, even if they also hold citizenship in another country. This is guaranteed by national legislation.

It’s also important to consider that Italy is a member of the European Union. Within the EU, the extradition process is governed by the European Arrest Warrant (EAW). Therefore, EU citizens can only be extradited to the US if all conditions of international treaties are met.

After extradition, the individual may face a ban on entering the country of their second citizenship. EU citizens can appeal to the European Court of Human Rights if they believe that the extradition violates their fundamental rights.

Extradition procedures between the U.S. and Italy require a deep understanding of both national and international law. Therefore, it’s important to secure legal support from experienced attorneys as soon as possible.

Our team has extensive experience working with the legal systems of both countries and is well-versed in international extradition treaties. We know how to skillfully build a defense and effectively challenge unfounded requests.

We are working to minimize reputational, legal, and financial risks for each client. Our specialists are putting forth their maximum effort to achieve alternative solutions and mitigate sentencing conditions.

Our lawyers offer the following services to clients:

Our team is made up of specialists with years of experience in international affairs, including complex extradition processes. We take into account all the details of the case to develop an optimal defense strategy.

Reach out to our extradition attorneys right now, for an initial consultation and professional legal support. Our lawyers fully understand extradition rules and are ready to offer effective solutions to protect your interests.