Extradition is a complex legal procedure that involves agreements between nations for the surrender of an individual from one country to another. In this article, we will examine the case of the extradition of an Italian citizen requested by Colombia, based on Article 26 of the Constitution and Article 13 of the Italian Penal Code.
Distinction Between Procedural and Executive Extradition
Extradition can be categorized into two main types: procedural extradition and executive extradition. The former involves a foreign country’s request to prosecute an individual for a specific crime, while the latter pertains to the execution of a sentence already issued by a foreign court.
Limits and Requirements of Extradition
For an extradition to be legitimate, the crime in question must be recognized as such by both Italian and foreign law. Furthermore, it must be provided for by international conventions, except for offenses not expressly prohibited. Article 26 of the Italian Constitution excludes extradition for political crimes. However, Italian law regulates extradition in detail and requires a treaty between the involved states, as in the case of Italy and Colombia. The recent Law No. 82 of July 17, 2020, has governed extradition between these two countries, establishing criteria for its execution and safeguarding the rights of individuals subject to extradition.
Extradition requests can be refused in various circumstances, including when it is contrary to the law of the requested country, relates to political or military offenses, or could prejudice human rights or national interests. The principle of ne bis in idem prevents extradition if the person has already been investigated or tried for the same offense in the requested state.
In summary, extradition is a complex process that requires an agreement between states and compliance with international regulations and treaties. Recent regulation between Italy and Colombia has clarified procedures and ensured the fundamental rights of individuals involved.