Legal advice for Australian citizens in Italy.

The treaty on mutual assistance in criminal matters between Australia and the Republic of Italy was signed in Melbourne on October 28, 1988. It entered into force in Australia with Statutory Rules No. 357 of 1993,  while in Italy with Law no. 303 of 1993.

According to this treaty, each Contracting State shall, upon request, grant to the other State assistance in criminal proceedings and investigations relating to a criminal offence. Such assistance shall consist of: 

- location and identification of persons;

- service of documents;

- provision of documents and records;

- execution of requests for search and seizure;

- taking of evidence and statements of persons;

- making persons available to give evidence or to assist investigations;

- tracing, freezing and confiscation of the proceeds of crime.

The Requested State may refuse assistance if: 

- the offence in connection with which assistance is requested is a political offence;

 - there are substantial grounds for believing that the request for assistance has been made to facilitate the prosecution of a person on account of that person's race, sex, religion, nationality or political opinions, or that person's position may be prejudiced for any of these reasons;

- it is of the opinion that the execution of the request for assistance would seriously impair its sovereignty, security, or other public or national interests;

 - the request relates to an offence for which, in the Requesting State, the offender has been finally acquitted or has served the sentence imposed or has the benefit of a pardon or amnesty;

- the request relates to conduct which is not an offence or could not be prosecuted in the Requested State in similar circumstances;

- the provision of the assistance would, or would be likely to, prejudice the safety of any person.

Each Contracting State, upon request, shall take the evidence of witnesses to be used in criminal proceedings in the territory of the other State. For the purpose of thE Treaty, the giving or taking of evidence shall include the production of documents, records or other articles. 

If the law of the Requested State permits, it may allow the presence of an accused and representatives of the Requesting State as well as counsel for those persons and for the relevant witness. The competent authority may provide persons permitted to be present the opportunity to question the witness in accordance with the laws of the Requested State.

The witness may decline to give evidence where the law of the Requested State would permit that witness to decline to give evidence in similar circumstances in proceedings in the Requested State. Testimonial privileges under the laws of the Requesting State shall not apply in the execution of a request, but such questions of privilege shall be preserved for the Requesting State.

If the person summoned does not appear to give evidence, refuses or fails to give evidence, or gives false evidence, the Requested State shall apply the provisions and sanctions of its own law.

Each Contracting State may transfer temporarily, upon request, to the other State a prisoner in custody to give evidence and to assist in investigations, provided the prisoner consents. The Requesting State shall hold the prisoner in custody, if the original sentence has not expired, and shall return the prisoner in custody to the Requested State at the conclusion of the proceeding in relation to which the prisoner's transfer is sought or at such earlier time as the prisoner’s presence is no longer required, unless the Requested State formally requests the prisoner be discharged.

If you need more information or assistance, contact Lawyers in Italy

Please, see also:

Italian lawyers for Australians in Italy

Divorce between Australian and Italian citizens