HomeExtradition Treaty UAE and Italy
Extradition is a legal procedure in which one state transfers a person suspected or convicted of a crime to another state for criminal prosecution or the execution of a court sentence. Extradition treaties play a key role in this process, establishing the legal obligations of the parties and ensuring compliance with international standards.
Faced with the threat of extradition to the UAE or Italy? Having professional legal assistance will allow you to effectively protect your interests. Our legal company will help you competently navigate the extradition procedure between the UAE and Italy. We will provide qualified consultations, protect your rights, and ensure professional support at all stages of the process.
The Purpose of the Extradition Treaty Between the United Arab Emirates and Italy
The extradition agreement between the UAE and Italy was signed on September 16, 2015. This step became an important milestone in strengthening bilateral relations between the countries and their cooperation in combating transnational crime. After the agreement was signed, both parties ratified the document within the framework of national legislation, which allowed it to come into force.
The Ministry of Justice emphasizes that the agreements are aimed at enhancing cooperation in light of the growth in economic, financial, and trade relations, as well as the increasing number of Italian citizens residing in the United Arab Emirates. This was also influenced by the rise in requests for extradition and judicial assistance from Italy.
This agreement obligates Italy and the United Arab Emirates to cooperate in the search and identification of individuals, delivery of documents and acts, summoning individuals involved in criminal proceedings, obtaining and transferring documents and evidence, taking testimonies and statements (including interrogations of suspects and defendants), conducting and transferring expert opinions, investigative actions, searches and seizures, as well as the confiscation, seizure, and forfeiture of proceeds from criminal activities.
The extradition agreement between the UAE and Italy clearly defines the principles of extradition:
- A court ruling or an arrest warrant issued by the competent authorities of the requesting party;
- Description of the crime, the circumstances of its commission, and its legal qualification;
- Copies of legislative norms confirming the punishability of the act;
- Information about the wanted person’s identity (Full Name, citizenship, location).
A person for whom an extradition request has been submitted has the right to a court hearing, as well as to appeal the decision on extradition. Both parties are obligated to uphold human rights in accordance with international standards.
In the UAE, the extradition procedure is regulated by Federal Law No. 39 of 2006 “On International Cooperation in Criminal Matters,” as well as other regulatory legal acts determining the procedure for interaction with foreign states.
In Italy — Codice di Procedura Penale, as well as a number of constitutional principles. There is also the possibility of a simplified extradition format between EU countries based on the European Arrest Warrant. Italian courts apply the provisions outlined in the Framework Decision of the EU Council 2002/584/JHA, which regulates the surrender of individuals between EU member states.
The extradition process between Italy and he United Arab Emirates
The procedure begins with the initiation of a criminal case. Law enforcement agencies initiate the case or take actions to enforce the issued sentence. If the wanted person is hiding in another state, law enforcement agencies request assistance to determine their location.
The next step is the preparation and submission of the extradition request. For this, it is necessary to gather the following set of documents:
- A ruling on detention or a court sentence;
- Description of the crime and factual circumstances of the case;
- Indication of applicable legal norms confirming the criminality and punishability of the act;
- Copies of the available evidence confirming the involvement of the wanted person in the crime;
- Personal data of the wanted person (full name, date of birth, citizenship, etc.).
The official request is sent through diplomatic channels, via the Ministry of Justice or the Prosecutor General’s Office to the appropriate authority of the foreign state. The authorized bodies review it for compliance with formal requirements and, if necessary, may request additional information.
The receiving party checks whether the request complies with the principle of double criminality, whether the case is of a political nature, whether the rights and freedoms of the accused are not violated, and whether other conditions established by national legislation are met.
If the person has already been located in the territory of the requested state, they may be temporarily detained under an arrest warrant or on the basis of red notice of Interpol.
The court holds hearings during which the submitted materials and arguments of the parties are reviewed. Based on the results, the court makes a decision on the admissibility of extradition.
The defense has the right to appeal the court’s decision in higher instances. If, after all instances, extradition is deemed permissible, the final word rests with the highest executive authority.
If the decision is positive, the parties agree on the date, place, and conditions for the transfer of the wanted person. In case of refusal of extradition, the respondent state is obliged to justify its decision.
In what cases extradition between Italy and the UAE applies
Extradition between Italy and the UAE applies in the following cases:
1. Bringing to criminal responsibility. If a person is accused of committing a crime in one country and is hiding in the territory of another. Extradition provides the opportunity to return the accused for investigation or trial.
2. Execution of the sentence. If a person is convicted of a crime and leaves the country’s territory to evade punishment, they can be returned for the execution of the sentence.
3. International search. Within the framework of cooperation through Interpol, countries can exchange information about the whereabouts of wanted persons, which serves as the basis for submitting an extradition request.
Extradition is applied only to serious crimes that are recognized as criminally liable in both countries. This category includes murder, grievous bodily harm, sexual and labor exploitation, large-scale fraud, money laundering, tax evasion, illegal drug trafficking, terrorism, and others.
States involved in the process of extradition between countries
The extradition agreement falls under the category of international judicial cooperation. Therefore, it applies to all administrative and territorial units that are part of both states.
UAE is a federation consisting of seven emirates, each of which has a certain degree of autonomy. However, extradition is regulated by federal laws that apply to the entire territory of the country. These emirates include: Abu Dhabi, Dubai, Sharjah, Ajman, Fujairah, Ras Al Khaimah, Umm Al Quwain. Extradition applies to the entire territory of the UAE, including the mentioned emirates.
The agreement also applies to the entire territory of Italy, including major administrative centers and autonomous regions (Trentino-Alto Adige, Sicily, Sardinia, and others), which have special legal powers but are required to comply with national legislation regarding extradition.
Seek legal advice
Extradition is a complex and multi-stage procedure requiring a deep understanding of both international and national legislation. Therefore, it is extremely important to enlist the support of experienced specialists as quickly as possible. Our team is ready to provide assistance in any, even the most challenging situation, ensuring reliable protection of the client’s rights and interests.
Our lawyers have many years of experience in the field of extradition and are well-versed in the legislation of the UAE and Italy. We maintain close contacts with colleagues and government authorities in both countries, which speeds up the process of obtaining the necessary information and documents. Our team guarantees strict confidentiality and, if necessary, is ready to work in an expedited manner.
We provide the following services to our clients:
- Initial consultation: risk assessment, legal review of documents, and determination of case prospects;
- Preparation for legal proceedings: gathering evidence, forming a legal position, preparing motions and other procedural documents;
- Representation of interests in court: accompanying the client at all stages of case consideration to achieve the most favorable outcome;
- Challenging extradition: analysis of grounds for refusal to extradite (political motive, non bis in idem, and others), if legal opportunities exist, we seek the annulment of the request;
- Organization of interaction with government agencies: negotiations with the prosecutor’s office, courts, and authorized organizations, as well as coordination of actions with foreign colleagues.
Contact us right now for an initial consultation and protection of your rights within the framework of complex international procedures!
