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Italy Criminal and Civil Record Check

Italy Criminal & Civil Court Record Check
Italy Background Check

Nationwide civil & criminal records check for Italy (Repubblica Italiana) covers available courts, boards and Tribunals of the following.

The Constitutional Court of Italy
Corte Constitutionale del Repubblica Italiana

Supreme Court of Cassation
Corte Suprema di Cassazione

Appellate Courts
Corti di Appello


Corte di Appello di Ancona
Corte di Appello di Bari
Corte di Appello di Bologna
Corte di Appello di Bolzano
Corte di Appello di Brescia
Corte di Appello di Cagliari
Corte di Appello di Caltanissetta
Corte di Appello di Campobasso
Corte di Appello di Catania
Corte di Appello di Catanzaro
Corte di Appello di Firenze
Corte di Appello di Genova
Corte di Appello di L'Aquila
Corte di Appello di Lecce
Corte di Appello di Messina
Corte di Appello di Milano
Corte di Appello di Napoli
Corte di Appello di Palermo
Corte di Appello di Perugia
Corte di Appello di Potenza
Corte di Appello di Reggio
Corte di Appello di Roma
Corte di Appello di Salerno
Corte di Appello di Sassari
Corte di Appello di Taranto
Corte di Appello di Torino
Corte di Appello di Trento
Corte di Appello di Trieste
Corte di Appello di Venezia



Regional courts
Tribunale



Tribunale di Avezzano
Tribunale di Bari
Tribunale di Bologna
Tribunale di Bolzano
Tribunale di Busto Arsizio
Tribunale di Cagliari
Tribunale di Camerino
Tribunale di Casale
Tribunale di Cassino
Tribunale di Chieti
Tribunale di Como
Tribunale di Cremona
Tribunale di Fermo
Tribunale di Firenze
Tribunale di Foggia
Tribunale di Ivrea
Tribunale di Lecco
Tribunale di Lodi
Tribunale di Macerata
Tribunale di Marsala
Tribunale di Milano
Tribunale di Montepulciano
Tribunale di Monza
Tribunale di Napoli
Tribunale di Navarro
Tribunale di Orvieto
Tribunale di Pavia
Tribunale di Perugia
Tribunale di Pesaro
Tribunale di Pescara
Tribunale di Reggio
Tribunale di Rovereto
Tribunale di Savona
Tribunale di Spoleto
Tribunale di Sulmona
Tribunale di Taranto
Tribunale di Terni
Tribunale di Traviso
Tribunale di Trieste
Tribunale di Urbino
Tribunale di Varese
Tribunale di Verbana
Tribunale di Vibo Valentia
Tribunale di Vigevano
Tribunale di Viterbo
Tribunale di Voghera

Italy Legal and Court system

Criminal procedure in Italy can be described as adversarial in nature. No informal justice system exists. Although the origins of Italian penal legislation can be traced back to Roman and middle age canonic law, its general principles derive from the French Enlightenment. These principles include clarity of the law, no punishment without trial, proportionality between crime and punishment, definitions of crime and punishment based on a system of written laws and fixed penalties, and the elimination of secret accusations. The dissemination of these principles is commonly ascribed to the influence of Cesare Beccaria's Treatise On Crimes and Punishments.The Italian legal system is based on written laws. Penal Law defines what specific behavior is criminal and what specific minimum and maximum penalties are provided. The basic principles of no penalty without a law (nulla poena sine lege) and no crime without a law (nullum crimen sine lege) are stated in the Penal Code (Art.1) and in the Constitution (Art.25). Other basic constitutional principles follow as well: a) legal responsibility rests solely on the acting individual; b) rules of penal law are not retroactive; c) no one can be sentenced without a fair trial (nulla poena sine judicio); d) no one can be considered guilty until a final sentence has been pronounced; e) penalties cannot consist in treatment contrary to the sense of humanity and must tend to the rehabilitation of the offender; and f) personal freedom is inviolable and no one shall be deprived of it except under specific provisions of the law. (Constitution, Art.27). The Bench (judiciary and prosecutors) is autonomous and independent from the political Legislative and Executive powers. A self-governed elective Board (Consiglio Superiore della Magistratura) of which two-thirds are a large majority of judges and prosecutors, is permanently in charge of all decisions concerning the Bench, such as recruitment, assignments, transfers, promotions, and disciplinary actions (judges and prosecutors cannot be removed). (Constitution, Art.104,107). The Constitution also states that judges are subjected only to the authority of the law (Art.101). The Legislative Power has the monopoly on the production of the Penal Law (directly or through laws enacted under delegate power). The Constitution prescribes the general norms of the penal system. No law can conflict with the Constitution. The Constitutional Court (Corte Costitutionale) is in charge of evaluating the conformity of specific rules of the Penal Law to the Constitution.

Italy Prosecutorial and Judicial Process

Bail procedure. Bail is not allowed in the Italy penal system.

Rights of the accused at trial. The Convention for the Safeguard of Human Rights and the annexed Protocol is, for all purposes, part of the Italian Legal System in that no national law can conflict with its provisions. (The Convention and Protocol have been signed by all government members of the Council of Europe and are in force in Italy as a State law.) It states that persons have the right to an independent and impartial trial in an impartial tribunal and the right to life, liberty, safety and property. (Convention for the Safeguard of Human Rights and of Fundamental Liberties, November 4, 1950; Protocollo, Art.1,2,5,6). The Convention also states that the accused has the right to a public trial, with some exceptions, within an adequate period of time, to be informed of the nature and content of the accusation, to cross examine witnesses for the prosecution, to subpoena witnesses for the defense, the right to counsel, and the right to be presumed innocent. The Italian Constitution also provides for general principles such as the inviolable rights to liberty and counsel and the equality of all citizens before the law. (Constitution, Art.3,13,24; Protocollo, Art.5,6). Principles similar to those found in the Italian Constitution and the Convention for the Safeguard of Human Rights can also be found in many sections of the Penal Code and Code of Penal Procedure. For instance, the accused has the right to be fully informed of the charge and of the existing evidence against him or her, and to be informed of the source of the evidence, such as the identity of the claimant(s), unless this would be detrimental to the investigation. The accused also has the right to remain silent and is considered not guilty until a final sentence has been pronounced. Uncertainty about the guilt of the accused due to insufficient or contradictory evidence can result in a judgement of full acquittal. The accused also has the right to be present at trial, to confront opposing witnesses, and to have all witnesses cross-examined by the defense attorney. (Code of Penal Procedure, Art. 65,474,486,498,499,530; Constitution, Art.27). In addition, the accused has the right to be tried by a judicial panel or by a single judge, depending on the type of court, according to territorial jurisdiction where the crime has been committed. The accused cannot be removed from the "natural judge", meaning, from the judge who is competent to try the case, under law. The accused may not be tried twice for the same crime and has the right to be tried in a fair trial, that is, by an independent and impartial tribunal. (Code of Penal Procedure, Art. 65,649; Constitution, Art. 25,27).

Assistance to the accused. The accused has the right to select and employ a defense attorney in order to get legal assistance and to produce evidence in his/her defense at any stage of judicial proceedings, including the arrest and investigation stage. If the accused does not designate a defense attorney, a counsel is appointed by the Court. This applies to all crimes of all types of severity. The law states that indigents must be provided with counsel. The Bar Association Nation provides a roster of available attorneys who are legally bound to provide defense counseling. A Bar Association Nation exists in each district; therefore, many rosters of attorneys are available. If eligible, the accused can select and employ a defense attorney at state expense, under law. Eligibility is determined on the basis of personal or family income. (Code of Penal Procedure, Art.97,190; Constitution, Art.24; Official Gazette, July 30, 1990).

Preparatory procedures for bringing a suspect to trial. The Public Prosecutor conducts the pre-trial investigation either directly or indirectly by employing the investigating police. An investigation takes place to establish whether there is enough circumstantial criminal evidence to prompt penal action. Depending on the type of crime, the investigation must be completed within a legally fixed period of time. (Code of Penal Procedure, Art.326,358) If the prosecutor does not find probable cause after the investigation, he or she requests the Judge for the Preliminary Investigation (G.I.P) to dismiss the case. If cause is found, the prosecutor formally charges the defendant with the commission of the crime and requests the G.I.P to commit the defendant for trial. (Code of Penal Procedure, Art.405,408,416). After the G.I.P. holds a hearing, he or she issues an order for trial or, in case of unsupported charges, pronounces a no case judgement (nolle prosequi). In the lowest court level, the Public Prosecutor is in charge of signing or not signing the indictment. (Code of Penal Procedure, Art.424,554). Two other forms of trial are the direct trial (guidizio direttissimo) and the immediate trial (giudizio immediato). In direct trials, the Public Prosecutor can order the accused to be brought up to trial within 48 hours, if he or she was caught in the midst of committing a crime. In immediate trials, the accused may be brought directly to trial without the preliminary hearing, if during the preliminary investigation there is clear evidence of guilt.

Official who conducts prosecution. The prosecution of the accused is conducted by the Public Prosecutor. In the trial stage, prosecution and defense are in a position of parity. Similar to a judge, the Public Prosecutor is a career official (public servant) considered to be a part of the Bench although the prosecutor is not a judge. The distinction between prosecutors and judges is based on the different functions of the prosecutor and the judge, who are both considered magistrates. The Italian magistry is divided into the inquiring magistry (magistratura requirente o magistracy), who are the public prosecutors, and the judging magistry (magistratura giudicante), who are the judges. The prosecutor is in charge of conducting the investigation and prosecution while the judge passes judgement on the case and imposes a sentence. (The terms magistrate and magistracy refer to all judges and prosecutors, independent of their level, competency and jurisdiction.)

Alternatives to trial. The accused does not have the right to plead guilty to a lesser offense (plea bargain). (The inadmissibility of a plea bargain in the system is based on the principle of the obbligatorieta dell'azione penale, which allows no discretion in prosecution. Once acquainted with the commission of a crime, the judicial authority is legally bound to take action against that particular crime and cannot choose to seek prosecution to a lesser charge in exchange for a plea of guilt. In other words, discretionary or selective enforcement does not exist in the system. The prosecutor has no discretionary power to engage in plea bargaining. The crimes prosecutable by the initiative of the offended person (reati perseguibili a querela) also adheres to this rule.) In the case of a miscarriage of justice, compensation for damages is provided. In addition, there are 3 pre-trial alternatives: 1) Short trial (guidizio abbreviato). Upon a defendant's formal request, the case is decided in the course of the preliminary hearing on the basis of findings of the preliminary investigation, providing that the Public Prosecutor agrees with it. If found guilty, the defendant is entitled to a reduction of one-third of the penalty provided for the crime (for instance, 6 years in prison instead of 9). The reduction applies to all crimes except those incurring a life sentence. This alternative addresses the problem of lengthy trials. It was originally introduced to save both money and time.

Imposition of specific penalty. (applicazione della pena su richiesta delle parti). The prosecution and defense can jointly ask the judge for the imposition of a specific penalty on which they both agree, as long as the suggested penalty does not exceed 2 years in prison, even when reduced to one-third of the time. If the defendant does not commit the same kind of delitto for 5 years after the sentence or contravvenzione crime for 2 Years, the offense is legally extinguished. (Although this is informally called bargain (patteggiamento), it is entirely different from the plea bargain known in the United States court system.)

Penal decree of condemnation (decreto penale di condanna). For minor crimes punishable with fines and/or prison up to 3 months, the Public Prosecutor, by decree, can request the G.I.P to condemn the defendant to pay a fine, the amount of which is reduced up to 50% of the minimum amount provided by law. The decree is issued without hearing the defendant (inaudita altera parte), who can always oppose the G.I.P decision, in which case the decree loses its validity and the defendant goes to trial. A cash settlement for contravvenzioni crimes can also be reached (Oblazione nelle contravvenzioni punite con pene alternative). In these cases the defendant may be permitted to pay 50% of the maximum amount of the fine provided by law for that particular contravvenzione, plus legal expenses. (Code of Penal Procedure, Art.314,444-448,459; Penal Code, Art.162).

Proportion of prosecuted cases going to trial. The majority of prosecuted cases for serious crimes go to trial, notwithstanding the use of pre-trial alternatives in the new Code of Penal Procedure. Approximately 20% of all cases are resolved by pre- trial alternatives, while 80% go to trial. It had been expected that the use of new non-trial alternatives would result in 80% of all cases being resolved without a trial.

Pre-trial incarceration conditions. The Judge for the Preliminary Investigation (G.I.P.) can opt for pre-trial incarceration, or precautionary custody (custodia cautelare), at the request of the Public Prosecutor. Except in cases of mandatory or facultative arrest, pre-trial incarceration is permitted only when a person is accused of a crime carrying a maximum penalty exceeding 3 years in prison and when at least one of the following conditions is present: 1) Danger of counterfeiting, destruction of evidence; 2) Danger of escape; and 3) Danger of committing more crimes of the same kind. (Code of Penal Procedure, Art.274). Precautionary custody is permitted when other sanctions such as a prohibition against leaving the country or town, daily check-ins at the police station, and house arrest are deemed insufficient.

Italy Classification of Crimes

Legal classification. All criminal offenses (reati) are divided by the Penal Code (Codice Penale) into two broad categories: delitti, which are serious offenses and contravvenzioni, which are less serious offenses. The two categories (The crime categories are described in the second and third books of the Italian Penal Code entitled, Libro Secondo: Dei Delitti in Particolare and Libro Terzo: Delle Contravvenzioni in Particolare, respectively) are also used to help to classify special law statutes (drugs, prostitution, weapons, bankruptcy, pollution, hunting, traffic, customs, tax evasion, Military Code in wartime and in peacetime). The distinction between delitti and contravvenzioni crimes is based on the seriousness of the crime and on the severity of punishment. Although they are both punishable by imprisonment and/or fine, the sentences for delitti are more severe than those for the contravvenzioni. (For delitti crimes, the penalty is 15 days to 24 years imprisonment, and as much as 30 years or life imprisonment in special cases. For contravvenzioni crimes, the penalty is 5 days to 3 years imprisonment. As a rule, sentences for contravvenzioni are served in different types of prison facilities than those used for delitti. Fines vary considerably and can amount to 500,000 U. S. Dollars for serious drug offenses. (Penal Code, Art.22,23.25).) The Penal Code generally classifies each crime under a specific heading: a) Crimes against the Nation (delitti contro la personalita` dello Stato), (for example, espionage, assassination of the President, armed bands, terrorism). b) Crimes against public authority (delitti contro la pubblica amministrazione), (for instance, corruption, bribery, embezzlement of public property by an officer). c) Crimes against judicial authority (delitti contro l'amministrazione della giustizia), (for example, Perjury, to suborn a witness). d) Crimes against religious feelings and against the feelings of pity towards the dead (delitti contro il sentimento religioso e contro la pieta` dei defunti), (profanation of a tomb, offenses against religion). e) Crimes against the public order/breach of the peace (delitti contro l'ordine pubblico), (for instance, criminal association, particularly of the mafioso type). f) Crimes against public safety (delitti contro l'incolumita` pubblica), (poisoning food, water and drugs, arson, provoking a railway or air disaster). g) Crimes against public faithfulness (delitti contro la fede pubblica), (forgery and counterfeiting). h) Crimes against public economy, industry and commerce (delitti contro l'economia pubblica, l'industria e il commercio), (commercial fraud). i) Crimes against public morality (delitti contro la moralita` pubblica e il buon costume), (rape, indecent exposure). j) Crimes against the family (delitti contro la famiglia), (bigamy, incest). k) Crimes against the person/violent crimes(delitti contro la persona), (murder, assault, non-ransom kidnapping, defamation). l) Crimes against property (Delitti contro il patrimonio), (theft, money laundering, robbery, extortion, ransom kidnapping). (The Penal Code considers the violent crimes of robbery, extortion, and ransom kidnapping as property crimes because their main intent is to gain property.)



Age of criminal responsibility. The age of criminal responsibility is 18 under the Penal Code (Art.85), which also states that a person is chargeable with a crime only if mentally competent at the time of its commission. Over the age of 18, a person is considered fully chargeable with a crime unless a mental evaluation ordered by the judge finds the person mentally incompetent due to a mental disease, deaf-mutism, or chronic intoxication from alcohol or drug abuse. (Mentally incompetent individuals who commit serious crimes are considered socially dangerous and must undergo compulsory hospitalization in a special mental institution for offenders (ospedale psichiatrico giudiziario). (Penal Code, Art. 222).) In these cases, usually no criminal sanction is imposed. Instead, compulsory hospitalization in a special mental institution for insane offenders is provided as a safety measure, except in minor offense cases. (Penal Code, Art.88,95,96,222; Code of Penal Procedure, Art.220). A person can also be considered criminally liable, if as the result of a psychiatric examination, he or she is found partly mentally incompetent because of mental disease, chronic intoxication deriving from alcohol, drug abuse, or deaf-mutism. (Penal Code, Art.88,89,95,96). In that case, in addition to the penal sanction, compulsory hospitalization is provided as a safety measure. For minor offenses, release under surveillance may be imposed as an alternative measure. (Penal Code, Art.219). A person under 14 years old is not considered mentally competent and therefore cannot be charged with any crime. If mentally competent, a person between 14 and 18 years old is considered legally responsible, although a more lenient criminal sanction is imposed. (Penal Code, Art.97,98).

Drug offenses. The personal use of drugs has recently been decriminalized. Following a national referendum, a new law does not permit imprisonment for drug-related activities involving personal use only. In these cases, only administrative sanctions, such as revoking a driving license or passport, can be imposed. However, producing, selling or trafficking drugs are considered very serious crimes. Criminal association with drug offenses is alone punishable by a maximum prison sentence of 30 years. Illegal drugs include opium and its derivatives (morphine, heroin), cocaine and its derivatives, amphetamine, synthetic drugs, cannabis, and hashish. (According to international agreements, all narcotics (and nonnarcotic dangerous drugs) whose manufacturing and distribution is prohibited or restricted, are listed in the Official Gazette

Italy Police

Use of force. Police may use force and/or deadly force in self defense to drive back acts of violence, to overcome resistance to authority, or to prevent the occurrence of very serious crimes (slaughter, homicide, kidnapping, robbery), providing that there is an immediate danger of the occurrence of these crimes and that the police reaction is proportionate to such danger. (Penal Code, Art.52,53).

Stop/apprehend a suspect. The law requires police to arrest and incarcerate a person if caught in flagrancy (arresto obbligatorio in flagranza) (in the act of committing a crime) or immediately after the crime's commission, if the crime is punishable by a 5 to 20 year prison sentence or life imprisonment. An arrest is also required for other serious crimes including: 1) crimes against the state; 2) devastation and ransacking; 3) crimes agaist public safety; 4) reduction to slavery; 5) serious forms of aggravated theft; 6) robbery, extortion; 7) illegal manufacturing, smuggling, selling, letting have, possessing, or carrying in a public place of illegal weapons, especially military weapons; 8) serious drug crimes; 9) crimes of terrorism and subversion, secrecy, mafioso, military and political illegal associations; and 10) criminal association with the intent to commit some of the aforementioned crimes (for example, number 1,2,3,4,6,7 and 9). These crimes are are listed in the Code of Penal Procedure and have attached penalties such as 3 to 10 years of imprisonment. (Code of Penal Procedure, Art.380). The police have facultative power to arrest and incarcerate a suspect, if caught "in flagrancy" (arresto facoltativo in flagranza), for crimes punishable by more than 3 years in prison, with a 5 year maximum if the crime is unintentional. Facultative arrest powers are also in force for other crimes such as: 1) embezzlement of public property by an officer; 2) corruption of a public officer; 3) threat or violence to a public officer; 4) commerce and supply of bad food or drugs; 5) corruption of a minor; 6) assault provoking a personal injury; 7) theft; 8) aggravated damaging; 9) fraud; and 10) misappropriation of private funds or property. Generally these crimes are punishable by more than 6 months to 5 years in prison and are listed in the Code of Penal Procedure (Art.381). Police may also arrest and incarcerate a person suspected of having committed a crime for which the law provides a minimum penalty of no less than 2 years in prison and a maximum of more than 6 years in prison, even if the suspect is not caught in flagrancy such as crimes involving weapons or explosives. Arrest and incarceration may be imposed if there is relevant circumstantial evidence of guilt before the Public Prosecutor starts the investigation, or if there is danger that the suspect will escape and there is no time to get a warrant signed by the Public Prosecutor. (Code of Penal Procedure, Art.384). In all cases (mandatory and facultative "arresto" or "fermo"), the police must immediately notify the Public Prosecutor, the defense attorney and the suspect's family of the arrest (Code of Penal Procedure, Art.386,387). Within 48 hours, the Public Prosecutor must request the Judge for the Preliminary Investigation (G.I.P.) to fix a hearing in order to confirm the arrest within the next 48 hours. If the 48 hour terms are not met, the arrest loses its validity and the arrested person is set free (Code of Penal Procedure, Art.391). The G.I.P summons the defendant, the defense attorney and the prosecutor for the special validation hearing. At this hearing, the G.I.P. examines the prosecutor's conclusions concerning the motives of the arrest and the defendant is questioned in the presence of his attorney. The G.I.P. then decides on the legitimacy of the arrest and issues an order of release. (Code of Penal Procedure, Art. 274). After arrest, procedures to process the suspect further in the criminal justice system are specifically and formally provided by the Code of Penal Procedure. After the arrest has been made and reported to the judge, all subsequent procedural decisions are made by the judge or prosecutor.

Decision to arrest. The majority of arrests are made while the suspect is committing a crime in "flagrancy" in which a warrant is obtained.

Search and seizure. For the purpose of collecting criminal evidence, as a rule, a search requires a warrant signed by the judge. In particular cases of emergency connected with serious crimes (for example, kidnapping, drug offenses) the police may search or seize property without a warrant (motu proprio). In this case, police must give notice of the searching/seizing within 48 hours to the prosecutor who is bound to verify its legitimacy. Illegal searching and seizing of property by police officers is punished by law as an abuse of power. (For example, an illegal body search (peruisizione e ispezione personali arbitrarie) can result in sanctions taken against the police officer. (Penal Code Art.609).) Illegally obtained evidence is not admissible in a case. (Code of Penal Procedure, Art.191,244-265).

Confessions. The law provides that all statements, including confessions, made in the presence of police officers or at any stage of judicial proceedings are invalid, when obtained by coercion. Also, the mere confession of a crime does not amount to full evidence of guilt

There are three main state police corps in Italy: the State Police (Polizia di Stato), the Carabinieri, and the Finance Guard (Guardia di Finanza). The Carabinieri and Finance Guard (employed mainly in the investigation of financial crimes) is a military corps, under authority of the Ministry of Defence and of the Ministry of Finance, respectively. The State Police is a civil corps under authority of the Ministry of the Interior and is responsible for all functions listed in the United Nation's definition of police (prevention, detection, investigation, and apprehension of alleged offenders). There also exist local police corps with limited jurisdiction (rangers, city police, traffic police, railway police, coast guard). The Code of Penal Procedure state the functions of the investigating police. (Articles 55-59). Appointed police officers (ufficiali di polizia giudiziaria) from all police corps carry out criminal investigation functions (funzioni di polizia giudiziaria). under direction of the judicial authority in the criminal investigation departments(sezioni di polizia giudiziaria). In addition to the criminal investigation departments located at the Public Prosecutor's offices, there are also criminal investigation services (servizi di polizia giudiziaria) which are established all over the country at the local Carabinieri, State Police and Finance Guard stations. Criminal investigative services are directly and exclusively used for the Public Prosecutor for particular criminal investigations. The Central Operating Service (Servizio Centrale Operativo) coordinates all police criminal investigation activities under the authority of the Chief of Police and the Ministry of the Interior. The Ministry of the Interior has recently established a special agency of criminal investigation, called the DIA (Direzione Investigativa Antimafia) to be in charge of organized crime investigations. The DIA is directed by a high ranking Carabinieri, State Police or Chief Finance Guard Officer. This interforce structure is used by the National Antimafia Prosecuting Attorney (Procuratore Nazionale Antimafia), who is also the head of the National Antimafia Prosecutor Office (Direzione Nazionale Antimafia).

Italy extradition and Treaties

Extradition. The law permits extradition of both suspected and convicted criminals to and from other countries. Extradition treaties exist between Italy and the following countries: Argentina, Australia, Austria, Bahamas, Belgium, Bolivia, Brazil (imminent), Canada, Czechoslovakia, Cipro, Costa Rica, Cuba, Denmark, Finland, France, Germany, Greece, Hungary, India, Ireland, Israel, Kenya, Lebanon, Lesotho, Liechtenstein, Luxembourg, Malta, Mexico, Monaco, Morocco, Netherlands, New Zealand, Norway, Paraguay, Poland, Portugal, Romania, San Marino, San Salvador, Singapore, Spain, Sri Lanka, South Africa, Sweden, Switzerland, Tunisia, Turkey, Uruguay, United Kingdom, United States, the Vatican City, Venezuela, and Yugoslavia (Croatia and Slovenia). (Pisani and Mosconi, 1993). In 1991, there were 172 extraditions made to Italy from other countries and 89 extraditions made from Italy to other countries.

Exchange and transfer of prisoners. Prisoners cannot be exchanged but they can be transferred in order to serve their sentence in other countries or transferred from other countries to serve their sentence in Italy. Transfer of prisoners is permitted according to the provision stated in the treaties. The transfer of prisoners is permitted among the following countries: Austria, Bahamas, Belgium, Bulgaria, Canada, Cipro, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Liechtenstein, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, San Marino, Slovakia Republic, Spain, Sweden, Switzerland, Thailand, Turkey, United Kingdom, and the United States. (Pisani and Mosconi, 1993).

Specified conditions. There are some legal limitations to extradition. For example, extradition can be permitted only if expressly provided by international conventions. It is not permitted for political crimes or if there is reason to believe that the suspect or convict will be sujected to persecution or discrimination because of his or her race, religion, sex, nationality, language, political opinions, personal or social conditions, or that he or she will be subject to cruel, inhuman or degrading penalties (including death penalty), and/or treatment, or that his or her basic human rights will be violated unless otherwise arranged in the international conventions. Extradition procedures are provided by the Code of Penal Procedure.