Decision of the Court of Cassation, VI Criminal Section, No. 33594 of 3 September 2012

It is manifestly unfounded the question of constitutional legitimacy of Article 8 of the Extradition Treaty between Italy and Unites States of 13 October 1983 (ratified with law no. 225 of 1984) – renewed with an instrument as provided in Article 3 (2) of the Agreement on Extradition between the European Union and the United States of 25 June 2003 ratified with law no. 25 of 2009 – which states that extradition shall not be granted when the prosecution, or the enforcement of the penalty, for the offense for which extradition has been requested has become barred by lapse of time under the laws of the requesting Party (and not under the laws of both Parties). The objective of Article 8 is to prevent that the person sought could avoid criminal penalty by taking refuge in a State where the offense committed becomes barred by a shorter lapse of time.