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European Arrest Warrant unlawful pretrial detention compensation. the Italian way.

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Can unlawful pretrial detention be compensated in EAW proceedings?

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European Arrest Warrant unlawful pretrial detention compensation. the Italian way.

  1. 1. PRE-TRIAL DETENTION COMPENSATION IN EAW PROCEEDINGS. THE ITALIAN WAY. Nicola Canestrini 2019, university of Cambridge
  2. 2. PTD compensation in ITALY law (It. Constitution and criminal procedure code) max. of compensation 516.000 € fixed by law acquittal / wrongful PTD (+ jurisprudence of constitutional court) since 1992 approx. 1000 / y (€ 27 MM / y) quantum? standard 235/ day + case by case correction
  3. 3. Constitutional court ratio of compensation: solidarity compensation is due in every case of detention which was not justified “unlawful” = ex post (without conviction) in extradition PTD: without conditions for (future) extradition (ruling 230/2004)
  4. 4. RIGHT TO COMPENSATION IN EVERY CASE OF EAW, AS ISSUING AND EXECUTING STATE?
  5. 5. www.canestriniLex.com t @canestrinilex  g+ +canestrinilex f canestrinilex

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