The High (Cassation) Criminal Court has interpreted Article 630 of the Criminal Code (with sentence n. 37638/2014), stating that the said offense takes the form of those activities to which the offended person is forced through violence, threat, deception, abuse of authority, or through taking advantage of a situation of physical minority or psychic or by taking advantage of the victim’s state of need..
No to extradition if the situation in prisons in the requesting country is contrary to the international standards established in the Torreggiani and others v. Italy sentence rendered by the European Court of Human Rights on 8 January 2013. For the High Criminal Court (Cassation), sixth section, which was pronounced with sentence n. 13823/15 filed on 31 March (13823), before giving the go-ahead for extradition, the national authorities are required to take prison overcrowding into consideration, verifying whether it translates into inhuman and degrading treatment, thus in contrast with the rights fundamentals of the person.
In the event that the defendant’s default has been declared in the absence of notification of the summons, the arbitration award will not be recognized in Italy (C.d.A. Florence, section 1, 30 May 2006)