European Arrest Warrant in Italy: how to defend

Avv. Massimo Romano · updated 18/08/2026

Only the court of appeal decides on a European Arrest Warrant. The grounds for refusing surrender are exhaustive and the time limits are short. It is not extradition, and that is precisely why it moves so much faster.

What is actually happening

< p>A European Arrest Warrant is a decision by a judicial authority in one EU member state, executed by a judicial authority in another. No government decides. In Italy the competent court is the court of appeal for the district where you were found.

It replaced extradition between EU states because extradition involved ministries, diplomacy, and years. Surrender under a warrant involves neither ministry nor diplomacy, and is measured in weeks.

Two kinds exist and the difference decides how the case is run. A prosecution warrant seeks you for a trial that has not happened. An execution warrant seeks you to serve a sentence already imposed. The defences available are not the same.

Your options

Three positions, and they are genuinely different.

Consent to surrender. Fast, and time already served counts. It also ends the argument, and consent is generally irrevocable.
Contest surrender. Only on the listed grounds. Arguing that you are innocent is not one of them: guilt is for the issuing state.
Accept surrender but negotiate the terms — most often a guarantee that an Italian resident will be returned to Italy to serve any sentence.

For 32 listed categories of offence, the requested state does not check whether the conduct is also an offence under its own law. Outside those categories it does, and that check is often where a defence is found.

At trial

The hearing is before the court of appeal, in chambers, with the prosecutor general, your lawyer and you if you attend. The court is not retrying the underlying facts. It is deciding whether the warrant is valid and whether a listed ground for refusal applies.

Refusal grounds that arise most often in practice: the offence is time-barred under Italian law and Italy has jurisdiction; you have already been finally judged for the same facts elsewhere; the warrant was issued for a purpose other than the one stated; a conviction was reached in your absence without adequate safeguards; or surrender would expose you to a real risk of inhuman or degrading conditions in the issuing state. That last argument has succeeded in real cases and turns on evidence about specific prisons, not general assertion.

How this differs from the US and the UK

This is not extradition and the vocabulary is misleading. There is no ministerial stage, no political discretion, and no general test of whether surrender is in the interests of justice. The court applies a closed list.

For UK readers there is a second trap: since Brexit the United Kingdom is no longer inside the European Arrest Warrant system. A request from the UK is handled under the separate arrangements in the trade and cooperation agreement, which resemble the warrant but are not identical.

If you are reading this for someone else

The time limits are the reason to act today rather than this week. A person arrested on a warrant is brought before the court quickly and the whole procedure can be over in under two months.

What a family member outside Italy can usefully gather, immediately: proof of residence and family ties in Italy if the aim is to serve any sentence here; medical records if health is relevant; and any documentation about the proceedings in the issuing state, particularly if a conviction was reached without the person knowing about it.

We answer on the facts of your own case, not in the abstract. Call +39 335 669 3954 or write on WhatsApp. The first contact is free and confidential, we answer at any hour, and you do not need to be in Italy.

Common questions

What is a European Arrest Warrant?

It is a judicial decision issued by one EU member state and executed by another, requiring a person to be surrendered for prosecution or to serve a sentence. It replaced extradition between EU states and involves no government or ministry.

Can I be surrendered from Italy under an EAW?

Yes. The court of appeal decides. It does not examine whether you are guilty; it checks that the warrant is valid and that no listed ground for refusal applies. Guilt is a matter for the issuing state.

Can I be arrested for something I did before entering Italy?

Yes. A warrant issued by another member state can be executed in Italy regardless of where you were when the conduct occurred, and arrest at an airport on an existing warrant is common.

What is the rule of specialty in extradition?

Once surrendered, you may generally be prosecuted only for the offences named in the warrant. Prosecution for earlier, different offences requires the consent of the state that surrendered you.

Provisions relied on

L. 22 aprile 2005, n. 69
Decisione quadro 2002/584/GAI
D.lgs. 2 febbraio 2021, n. 10

Checked 18/08/2026. Italian sentencing provisions change; if you are reading this long afterwards, ask us to confirm.

Your rights

Italian law guarantees specific rights from the moment of first contact with the authorities. These apply regardless of nationality.

Right to silence (diritto al silenzio). You are not obliged to answer questions. Anything said can and will be used. Silence cannot be held against you.
Right to a lawyer. You can appoint a trusted lawyer (avvocato di fiducia) at any moment. If you do not, the authorities assign a duty lawyer (avvocato d'ufficio), which is not the same as having a chosen specialist.
Right to an interpreter. If you do not speak Italian, you have the right to a qualified court interpreter at every stage, free of charge. This is a right, not a courtesy.
Right to notification of charges. The investigating authority must inform you of what you are suspected of (avviso di garanzia) before questioning you as a suspect.
Right to consular notification. As a foreign national, you can ask for your consulate to be notified. This is optional and the decision is yours.

Warning: Do not wait: the first 48 hours are decisive.

The Italian criminal justice system

Italy has a civil-law accusatorial criminal procedure (Codice di procedura penale, 1989). The investigating magistrate (Pubblico Ministero) leads the investigation; the Giudice per le indagini preliminari (GIP) supervises coercive measures and rights. Key stages:

Indagini preliminari — Preliminary investigation. Duration varies by offence seriousness (6 months to 2 years, extendable). The suspect is indagato, not formally accused.
Udienza preliminare — Preliminary hearing. The GUP decides whether to commit the accused to trial or dismiss the case.
Dibattimento — Trial. Oral, adversarial procedure before the relevant court. Evidence is examined in open court.
Impugnazioni — Appeals. Two levels: Court of Appeal (Corte d'Appello) on fact and law; Court of Cassation on law only.

Important: Italian pre-trial detention (custodia cautelare) is decided by a judge, not automatically following arrest. The detention hearing (convalida) must occur within 96 hours of arrest. Without a lawyer present, this hearing is far harder to defend.

Defence strategy

An effective defence in Italy is not built at trial — it is built in the weeks immediately after the first contact with the authorities. The choices made in that window define what is still possible later.

Qualification of the conduct. How the facts are legally characterized often determines the applicable sentence range. The difference between a more and a less serious charge can mean the difference between pre-trial detention and immediate release.
Alternative procedures. Italian procedure offers alternatives to full trial: patteggiamento (plea bargain, up to one-third sentence reduction), rito abbreviato (abbreviated trial on the file, one-third mandatory reduction), and messa alla prova (community service-based suspension, for minor offences). These must be chosen at the right stage.
Precautionary measures. If the client is detained, the priority is challenging the measure before the Tribunal del Riesame (within 10 days of the order) and, if unsuccessful, before the Court of Cassation. Each stage has strict deadlines.
Mitigating circumstances. Artt. 62, 62-bis c.p. allow the judge to reduce the sentence substantially — up to one-third below the minimum — based on factors including first offence, partial repair of harm, and reduced culpability. Documenting these requires early preparation.

The first consultation is free and confidential. Call +39 335 669 3954 or write on WhatsApp. First contact free, 24/7, no need to be in Italy.

How we can help

Avv. Massimo Romano, Italian criminal defence lawyer assists clients in Italy and in cross-border cases from three offices: Naples (main seat), Rome, and Milan. The studio is available 24 hours a day, 7 days a week.

Emergency assistance. Immediate intervention at the police station or detention facility. The telephone is always answered, including nights and public holidays.
Remote assistance. All stages of Italian criminal procedure can be followed from abroad. Briefings, document exchanges, and case updates take place by telephone, email, and encrypted messaging. You do not need to travel to Italy for every hearing.
Family of a detained person. If a relative or friend has been arrested in Italy, the studio can locate the detainee, verify the charges, attend the validation hearing, and provide a full situation report — usually within hours of first contact.
Cross-border cases. European Arrest Warrant, extradition, Interpol Red Notice, mutual legal assistance, and the transfer of foreign-convicted prisoners to serve their sentence at home: all require immediate specialist intervention.

Call +39 335 669 3954 or write on WhatsApp. First contact free, 24/7, no need to be in Italy.

Frequently asked questions

What should I do if I am arrested in Italy?

Say you want a lawyer and say nothing else. Ask for an interpreter if you do not speak Italian. Do not sign anything you have not understood. Give the authorities a contact who can appoint a lawyer on your behalf. A judge must review the arrest within 96 hours.

How long can police hold me in Italy?

The police must inform the prosecutor without delay. The prosecutor has 48 hours from the arrest to ask the judge to validate it. The judge has a further 48 hours to hold the hearing. The absolute maximum is therefore 96 hours from arrest. In practice the hearing is usually sooner.

What is the validation hearing (convalida dell'arresto)?

It is the hearing at which a judge decides whether the arrest was lawful and whether the suspect should remain in custody, be placed under house arrest, or be released. Your lawyer must be present. This is the most important early hearing, and the outcome depends heavily on whether there is a prepared specialist present.

Do I need a lawyer if I have done nothing wrong?

Yes. Italian criminal procedure is adversarial: the prosecutor builds a case and your lawyer challenges it. Absence of a chosen specialist at the validation hearing means the court-appointed duty lawyer handles it — often without prior knowledge of the facts. Having your own lawyer present changes the outcome in a measurable proportion of cases.

First steps to take