Decision of the Court of Cassation, VI Criminal Section, No. 6488 of 20 January 2015

The Court of Cassation decided on an appeal against a decision concerning the extradition to Poland of a person who had been there sentenced for various offenses. The Court of Cassation further clarified in this judgment the importance of respecting the ne bis in idem principle enshrined in the European Convention on Extradition. Moreover, the Court noted that extradition was not prevented, merely, from the fact that no special norms for protecting collaborators of justice exist in Poland legislation as these are present in Italian law; however, Italian judges had to ascertain, at least, whether there were in Poland norms providing sufficient protection of the requested person’s fundamental rights.