Studio Legale Canestrini

The principle of legality is affirmed not only in the Italian Criminal Code (Article 1 of which states that “no one can be punished for an act that is not expressly considered an offense by law, nor can sanctions be imposed that are not established by the law”), but also by the Constitution (Article 25 of which states that “no one can be punished if not in compliance with a law that was in force before the act was committed”).

Under Italian law extradition is regulated by Law and international conventions. In general, extradition is the process whereby one nation or state (the requested state) surrenders a suspected or convicted criminal to another nation or state (the requesting state).

Since 1989, the trial is supposed to be party-dominated and strictly separated from the pre-trial process (investigations). - 1. Introduction to the Criminal Trial in Italy