INTERNATIONAL LAW

In fact, European Union law includes the rules on which the European Union (EU) is based.
This includes all substantive and procedural norms applicable within the European Union.

The specificity of Community Law lies in the fact that it is its own legal system, integrated into the legal systems of the Member States.

The Court of Justice of the European Union, based in Luxembourg, ensures the application of European Union law. This source is theoretically subsidiary.

Indeed, the legislative competence of the Community must respect the principle of subsidiarity.

International Criminal Lawyer
Italians arrested abroad, what to do?

If an Italian citizen is arrested abroad, the Italian embassy or consulate should act to inform the family members. They do nothing more; they do not provide any legal protection. At most, they may provide contact details for some local professionals, but this is done purely for informational purposes. It is, however, essential to immediately contact a lawyer specialized in international criminal defense who not only knows the relevant judicial system and can operate in the place of arrest, but also speaks and understands the same language as their client. Only by relying on a lawyer experienced in international criminal defense can the best possible assistance be guaranteed to the defendant, arrestee, or detainee.

Criminal trial abroad, how to proceed?

We directly and personally take on the defense of Italian citizens who are arrested, charged, or detained in such countries. Through our domiciled partners, correspondents, and trusted contacts, we can guarantee, in addition to the best technical defense, the necessary coordination and communication between foreign administrations and Italy, between those administrations and the detainee’s family, and between the arrestee and their loved ones back in Italy.

We can intervene immediately and quickly provide assistance and protection when an Italian citizen is arrested in Austria, Germany, Switzerland, Belgium, or the Netherlands. The same applies if someone is detained and must face a foreign criminal trial in these or other European countries.

Arrested abroad, who to call?

If a family member, relative, or friend has been arrested abroad, our advice is to act immediately and not waste precious time. Depending on the place of arrest, we are usually able—within 24/48 hours of first contact—to organize and conduct the first interview with the detainee and to set up, in addition to the best legal defense, legal assistance in Italian and communication with relatives and family in Italy.

International judicial assistance in criminal matters

It is true that in Europe every arrested or accused person has the right to the translation of the criminal proceedings documents concerning them. This right has been regulated by European Directive 64/2010, now transposed by all Member States. However, as legal practitioners, we lawyers know that these guarantees are completely insufficient and that, in practice, the reality is quite different and complex.

First of all, regardless of the often questionable quality of translations (and interpreters), it must be clarified that there is no right to the translation of all procedural documents, but only of those informing the accused of the nature and reasons for the charges and of the acts concerning the rights granted to challenge the charges. That said, the greatest difficulties arise not so much during the trial, but regarding the translation of conversations between the arrestee or detainee and their lawyer. In most countries, this issue is regulated in a wholly insufficient and unsatisfactory way, severely undermining the rights of the defense.

Indeed, it is crucial in preparing the defense strategy that the accused (or suspect) and their lawyer communicate and understand each other clearly, completely, and without the slightest uncertainty. The benefits are evident when this can happen without a third-party intermediary (interpreter or translator).

After the initial phase—often hectic and agitated, especially when linked to an arrest—the actual criminal trial held abroad must be prepared and addressed. In this context, beyond higher quality and technical defense efficiency, the benefits of our assistance are numerous. In fact, being assisted by an Italian lawyer with an office in Italy offers undeniable advantages. Consider, for instance, investigative activities to be conducted in Italy, when the arrest is merely the final act of a more complex matter likely originating in the home country.

Or consider liaising with Italian offices and authorities when it comes to retrieving and producing all types of documentation (certificates, attestations, copies of acts, documents, etc.). Or even consider the need for a detainee abroad to continue managing their interests in Italy during their absence or even to oversee the ordinary and/or extraordinary administration of their affairs.

Extradition and European Arrest Warrant
Legal Assistance

Extradition proceedings must be handled with particular care, as crucial and often irreversible decisions are made at this stage, affecting the entire process.

Extradition and European Arrest Warrant: how do they work

What does extradition mean?

Extradition is the surrender of a person from one state, where the person is located, to another state, where the person is to be prosecuted in criminal proceedings (known as judicial extradition), or to serve a sentence (executive extradition).

What is the European Arrest Warrant?

The European Arrest Warrant (EAW) is a simplified form of extradition entrusted to the judicial authorities of EU Member States. Based on mutual trust among the EU Member States, this system simplifies the traditional extradition procedure. Introduced by Framework Decision 2002/584/JHA (implemented in Italy by Law No. 69/2005), the European Arrest Warrant is defined as a judicial decision issued by one EU Member State for the arrest and surrender of a person by another Member State for the purposes of prosecution or execution of a custodial sentence or detention order.

How does extradition work?

The procedure in Italy may be initiated by the foreign state through a request received by the President of the competent Court of Appeal—or may be automatically triggered following an arrest by law enforcement based on a notice entered into the Schengen Information System (SIS).
The Court of Appeal with jurisdiction over the district where the accused or convicted person resides or is domiciled at the time the measure reaches the judicial authority is responsible for executing the EAW or validating an arrest made on the basis of a Schengen alert. If jurisdiction cannot be determined based on these criteria, the Court of Appeal of Rome will be competent.

First, the person for whom extradition or an EAW is requested must be heard. A lawyer must be notified at least 24 hours in advance, and it is advisable to already be assisted at this stage by a lawyer experienced in extradition and EAW matters.
The person concerned may consent or refuse extradition. If consent is given, the President of the Court of Appeal will issue an order executing the EAW. If not, a new hearing will be scheduled, and the Court will issue a ruling on whether or not to grant extradition.

Foreign Claims

When it comes to obtaining fair compensation for damages resulting from road accidents, injuries, and wrongful acts of any kind occurring abroad, it is essential to consult qualified professionals with expertise in the field.

Accidents abroad: who to contact for compensation

We protect your rights to ensure proper compensation

As an international law firm, we provide our clients with the best assistance, advice, and protection in cases of international accidents.

In matters of compensation, European countries’ legislation still shows significant differences. There is no uniformity in the methods of calculating and awarding damages, particularly in fatal accident cases.

Types of damages to be considered include:

– Pecuniary damage:

• including “damnum emergens” (actual financial loss, such as medical expenses, repair costs, replacement vehicle rental)

• and “loss of profit” (e.g., lost income due to the accident or wrongdoing, such as job loss, business decline)

– Non-pecuniary damages:

• physical damage (temporary or permanent disability)

• existential damage (deterioration in quality of life)

• moral damage (emotional distress caused by the incident or offense)

Compensation in different European countries

As for pecuniary damage, except for Spain (which adopts a strict tabular system), the calculation methods are quite similar across countries. Differences stem from country-specific details, such as the use of different life expectancy tables and varying jurisprudential criteria.

However, regarding non-pecuniary damages, the situation varies widely: in this case, Italian compensation is not comparable to countries like Germany or the UK, where such damage is virtually unrecognized (in France it exists, but compensation is significantly lower). In Germany, compensation tends to be highly itemized and tailored to each specific consequence and need.

Another difference in liability compensation in Italy compared to other European countries is the near-total absence in the Italian system of compensation in the form of an annuity. In France, this is used for severe accidents, while in Germany, it is common and regulated by specific legislation. Similarly, in England, Wales, and Northern Ireland, compensation may be awarded as periodic payments (Periodic Payment Orders), which can be mandated by a judge and are widely used.

In Anglo-Saxon countries, non-pecuniary damages for bereavement are typically compensated with a fixed amount. In Germany, no such compensation is provided. Compensation for bereavement-related emotional shock is only awarded if the death occurred in particularly extraordinary and shocking circumstances.

Italian victim of an accident abroad, what to do?

In several cases (e.g., recognition in Italy of a foreign criminal conviction), Italian family members of someone injured or killed abroad (even in countries like Germany where loss-of-relative damages are not recognized) may still act in Italy and obtain compensation under Italian law. It is crucial to consult lawyers specialized in European law and international damage compensation.

Road accidents abroad: who to contact?

In road traffic accident cases abroad, the local traffic laws apply, as well as the civil liability laws of the country where the damage occurred.

However, if both the injured and liable parties are residents of the same country, the compensation law of that country generally applies, regardless of where the accident occurred. Therefore, the preliminary assessment must determine whether the civil liability laws of the accident country apply or whether the injured party’s national law can be invoked. Consulting a professional with specific expertise in this field is essential.

What does Avv. Denis Nunga Lodi do in an extradition case?

To assess the legitimacy of an extradition request, a thorough examination must be carried out, not only based on Italian law but also on the laws of the requesting state. Only a lawyer experienced in extradition and European arrest warrants can evaluate compliance with the complex legal framework. Key principles include:

– Extradition requires that the offense be punishable in both the requesting and executing states.

– Extradition granted for a specific offense cannot extend to a different offense committed earlier.

– If legal proceedings are already underway in Italy for the same offense, they take precedence over the foreign extradition request.

– Extradition is prohibited if the person is or would be subjected to proceedings that do not guarantee fundamental rights.

Why consult an expert lawyer in extradition and European Arrest Warrants?

It is absolutely vital to consult an expert in extradition and European Arrest Warrants to receive adequate legal assistance in this particularly sensitive area.

First, the regulations are complex and specific. Second—and most importantly—the best defense and assistance for the accused necessarily require careful analysis of the laws of the requesting state.

Such an analysis can only be carried out by an international lawyer well-versed not only in Italian law but also in the foreign legal system involved.

Consider the many cases where, despite initial grounds to oppose extradition, further detailed analysis may reveal that consenting to extradition is actually more advantageous.