In Absentia Conviction — European Arrest Warrant (Netherlands) — Release

Our client, convicted in absentia in Italy for a 2010 offence, was subject to a European Arrest Warrant executed in the Netherlands. He contacted our firm while detained there, seeking to serve any sentence in Italy rather than endure surrender to the Netherlands. We navigated the complex cross-border procedure to secure his release and organise the optimal resolution.

The situation

Our client had been convicted in Italy in his absence for an offence committed in 2010. An EAW had been issued for the enforcement of the conviction. He was arrested in the Netherlands, where he had been living and working, and faced a full EAW surrender procedure. His priority was to minimise custody time and, if possible, to serve any remaining sentence in Italy near his family.

Cross-border strategy

We coordinated with Dutch counsel and the Italian judicial authority to pursue a solution under Article 4(6) of the EU Framework Decision on the EAW, which allows the executing state to refuse surrender where the requested person is resident or a national of the executing state and that state undertakes to enforce the sentence itself. In parallel, we challenged the validity of the in absentia conviction under Italian procedural law.

The EAW system contains multiple mechanisms that allow a person convicted in absentia to challenge the conviction and to serve any sentence in their country of residence. Knowing which mechanisms apply — and activating them through coordinated international defence — is the key to these cases.

Outcome

Our client was released from Dutch custody. Arrangements for the execution of the sentence in Italy were agreed between the judicial authorities of the two countries. Our client avoided indefinite custody in the Netherlands and returned to his family in Italy.