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Decree of Abscondence: The Case of a Drug Trafficker Overlooked by Italian Justice.

If you find yourself implicated in a case of extradition or abscondence, it’s crucial to be clear on the possibility of defending yourself and understanding your position in the face of international legal proceedings. Knowing whom to turn to for expert, competent, and trustworthy advice is of paramount importance. Attorney Alexandro Maria Tirelli, through his organization, has built a solid reputation over time in handling extradition and abscondence cases, demonstrating deep respect for individual rights and unmatched expertise in the field. With the case of a well-known Mexican drug trafficker, Attorney Tirelli showcased his skill in dealing with delicate situations, offering a defense centered on the client’s rights. If you’re facing legal proceedings that cross national borders, or if a loved one is in such a situation, discover how we can assist you in finding the right legal strategy. Choose a legal ally, available 24/7, by calling the number +39 335 705 9564 or on WhatsApp immediately.

If you prefer a less immediate approach, you can fill out the online form at the bottom of our website’s homepage to request specific legal advice for your case. A specialized lawyer in matters of extradition or abscondence will contact you soon to discuss your case and outline the most effective defense strategy for you.

What to Know About the EAW and Interpol Notices

Important information to be aware of:

The European Arrest Warrant

A European Arrest Warrant (EAW) is a judicial order issued by one country with the purpose of requesting the arrest of an individual in another State. This can happen for various reasons, but most often involves situations where an individual is suspected or has been convicted of a crime in one Country while being in another.

The European Arrest Warrant is issued for reasons such as:

  • serious crimes like terrorism, murder, drug trafficking;
  • failure to appear in court after being summoned;
  • breach of bail or other release conditions;
  • escaping from prison or other forms of detention.

Interpol and “Notices”

Interpol, the International Criminal Police Organization, plays a pivotal role in the issuance and execution of European arrest warrants. Through a system of “notices”, it signals the need for arrest. The most well-known among these is the Red Notice, informing Interpol member countries of an individual wanted for extradition.

It’s essential to understand that a “Red Notice” isn’t an international arrest warrant per se, but rather a request for location and arrest, pending extradition. We wrote on this topic a in-depth article on the various ‘Warnings’ that Interpol uses to report an arrest internationally.

Difference Between National and International Warrants

A National Arrest Warrant is valid only within the borders of the issuing state. Conversely, an international warrant requires inter-state cooperation and usually relies on bilateral or multilateral agreements or treaties.

Extradition agreements are made between Countries defining the conditions for the extradition of a suspect or a convict. Not all countries have extradition agreements with each other, and some crimes may be extraditable in one state but not in another.

If you’re dealing with an issue related to an international arrest, it’s essential to know your rights.

In this case, you have the right to:

  • a lawyer;
  • an interpreter if you don’t speak the Country’s language;
  • the ability to oppose extradition;
  • humane and respectful treatment, regardless of the crime you’re accused of.

Remember that the presence of an EAW doesn’t automatically mean the accused will be extradited. In these complex cases, where variables can differ, it’s vital to rely on a specialized lawyer for such offenses. Prompt and accurate analysis of each specific case can help find the right solution in your favor.

Abscondence and Its Effects

If you’re deemed “absconding” or have a relative in this condition, from this point on, we’ll provide information that could assist you in making the right decisions.

The Italian Penal Procedure Code defines an absconder as someone who “voluntarily evades custody, house arrest, an exit ban, residency obligation, or an order mandating incarceration.

For a custody order to be effective, it must be served by a judicial officer or the judicial police.

Additionally, the judicial police can:

  • conduct searches;
  • tap communications;
  • access public offices for information;
  • conduct surveillance, monitoring, and tailing.

Among various options, you should also consider the option of turning yourself into the authorities. This might seem absurd, but in certain cases, it could lead to more lenient treatment.

Consult a trusted specialist lawyer. Knowing your rights and potential solutions will help you make informed decisions.

In any case, avoid further illegal activities. This can only worsen your situation.

Being “absconding” involves challenges and risks. Fully understanding what it means and its implications can guide you in managing the situation best.

What is a Decree of Abscondence

A decree of abscondence is a legal act that officially declares a person as absconding. It’s issued when there’s reasonable belief that an individual is intentionally evading arrest or fleeing from justice, often by leaving or hiding. It is issued after authorities have made significant efforts to locate and arrest an individual without success. These efforts may include investigations, searches, or the use of informants. If, after all these efforts, the individual is not found and is believed to be intentionally avoiding arrest, then a decree of abscondence can be issued.

Effects of the Fugitive Warrant

A fugitive warrant is typically issued by a judge or a judicial body. The decision is based on evidence and information provided by law enforcement authorities seeking the individual. The consequences of being declared a fugitive through such a decree can be severe and vary depending on the jurisdiction, but generally may include:

  • Penalty enhancement: Being declared a fugitive can lead to additional penalties or the exacerbation of existing ones;
  • Foreclosure of certain rights: In some jurisdictions, fugitives may lose certain legal rights, such as the right to file appeals;
  • Increased attention from law enforcement: Once declared a fugitive, there may be a renewed interest and effort from law enforcement to capture the individual;
  • Limitations on freedom of movement: With a fugitive decree, the individual may be arrested not only in their home country but also in other countries, especially if there are extradition agreements in place;
  • Social implications: Being declared a fugitive can have repercussions on the individual’s reputation and personal and professional relationships.

Consult an attorney specialized in international law who is well-versed in all specific laws and rely on their expert experience. Only in this way can you understand your rights and have a defense strategy capable of assisting you.

In the next section, we report on a successful case handled by our organization involving a well-known Mexican drug trafficker.

Our Client’s Case: From Arrest to Release

In May 2015, the arrest of a well-known and dangerous drug trafficker was ordered by an Italian prosecutor.

This key figure in the world of drug trafficking was overlooked by the Italian judicial system. This Mexican, a member of a renowned drug cartel with deep ties to the mafia and the Camorra, saw three years of detention pass without Italy submitting a formal extradition request.

Following his 2015 arrest, achieved through the combined efforts of the Drug Enforcement Agency (DEA) and the Italian police, the Italian justice system was slow in ensuring the drug trafficker was extradited and questioned about his alleged ties to mafia families in Italy. The operation resulted in the arrest of over 30 individuals, the confiscation of drugs worth two and a half million euros, and the discovery of a significant drug supply route in Italy.

Despite the importance of this person on the criminal map, a series of misunderstandings and mishaps, including timezone issues between Italy and Mexico during videoconferences, hindered his interrogation and the acquisition of vital information.

The accused proclaimed his innocence through his lawyer, Alexandro Maria Tirelli. The defense claimed to be able to prove his non-involvement. However, due to a series of delays and procedural mishaps, the accused was released in 2018, disappearing from the justice system’s radar. He is currently a fugitive, and the case against him is stalled. In fact, the Italian code of criminal procedure requires a judicial officer to notify him of the hearing.

Thus, the trial cannot proceed in absentia, that is, without evidence of notification of the hearing to the party concerned.

Our Defense

Dealing with international legal matters requires expertise and specialization. Our experience sets us apart, allowing us to provide first-rate legal assistance, wherever you are in the world. If you find yourself in an urgent situation, don’t hesitate: we’re at your service 24/7 at +39 335 705 9564 or on WhatsApp. If you prefer a less immediate approach, you can fill out the online form at the bottom of our website’s homepage to request specific legal advice for your case. A specialized lawyer in matters of extradition or abscondence will contact you soon to discuss your case and outline the most effective defense strategy for you.

Key Points:

  • The support of the Attorney Tirelli: Specialized in extradition and fugitive cases, Attorney Tirelli has distinguished himself in the case of a Mexican drug trafficker.
  • MAE and Interpol: The MAE calls for international arrest, while Interpol signals the need for arrest with the “Red Notice.”
  • Arrest Warrants: The difference between national and international warrants lies in their scope and basis on agreements between States.
  • Being a Fugitive: Being “on the run” carries severe legal consequences, including increased penalties and loss of rights.
  • Case of a Noted Drug Trafficker: Arrested in 2015, a prominent Mexican drug trafficker was released in 2018 due to procedural oversights and is now a fugitive.

Photo by Ben Maguire