When surrender is refused because of a risk of inhuman or degrading prison treatment, the judicial authority must take steps to assess whether the sentence can be enforced in Italy.

This was clarified by the Sixth Criminal Division of the Italian Court of Cassation in judgment No. 36318, filed on 15 October 2026, applying the principles established by the Court of Justice of the European Union.

Refusal protects the convicted person’s fundamental rights, but does not exhaust the judicial authority’s duties. The issuing State must be asked to transmit the judgment and the accompanying certificate for recognition and enforcement in Italy under Framework Decision 2008/909/JHA.

Enforcement in Italy is not automatic: the conditions laid down by the applicable rules must be assessed, including those concerning the convicted person’s consent and the circumstances in which it is not required.

The Court of Cassation therefore quashed the decision and remitted the case so that the omitted requests and checks could be carried out, leaving the refusal of surrender unaffected for the time being.

Source: Italian Court of Cassation, Sixth Criminal Division, judgment No. 36318/2026 – full text in Italian.