Italian court annuls appeal judgment refusing EU arrest warrant execution due to missing aggravating circumstance specification.
Sintesi Legislator
Generato dall'IAThe Court of Cassation annulled the Genoa Court of Appeal's decision refusing to execute a Belgian arrest warrant for a specific aggravated robbery charge. The appellant argued the Italian court failed to specify which paragraph of the robbery statute applied, potentially missing an aggravating circumstance that would block execution. The court rejected this, ruling that the foreign judgment's qualification of facts is binding and the Italian judge cannot unilaterally reconstruct facts to create new aggravating circumstances.
Regesto Legislator
Generato dall'IAArt. 606, comma 1, lett. b) e c), cod. proc. pen.; Art. 4-bis ord. pen.: The Italian executing authority must respect the foreign judgment's factual qualification; it cannot unilaterally reconstruct facts to add aggravating circumstances not present in the original decision.