Serving an Italian sentence in your own country
Two instruments allow a sentence imposed in Italy to be enforced elsewhere. Within the European Union, mutual recognition of custodial judgments, which in defined cases operates without the person's consent. Outside it, the Council of Europe convention on the transfer of sentenced persons, which requires the agreement of the person and of both states.
The two routes
| Element | Within the EU | Outside the EU |
|---|---|---|
| Basis | Mutual recognition of custodial judgments | Council of Europe convention of 1983 |
| Consent of the person | Not always required | Required |
| Consent of both states | Limited grounds for refusal | Both must agree |
| Typical timescale | Months | Often considerably longer |
| Adaptation of the sentence | Possible where incompatible | Possible, with limits |
| Effect on release rules | Those of the enforcing state apply | Those of the enforcing state apply |
The last line is the one that decides whether a transfer is a good idea, and it is the one people examine last.
Transfer without consent
Within the Union, enforcement can be transferred to the state of nationality where the person lives, or to which they would be deported after the sentence, without their agreement. This surprises people who assume the choice is theirs.
It can work either way. For someone who wants to go home it removes an obstacle. For someone who would rather remain in Italy — because their family is here, or because Italian law offers alternatives to detention that their own system does not — it can be an unwelcome outcome, and it is a decision that can be argued about rather than simply accepted.
The comparison that actually matters
The question is not where you would prefer to be. It is what the residual sentence means in each system, and the elements are these.
- Early release rules. Italy grants a reduction for each six-month period served with participation in the rehabilitative programme, which materially shortens the term. Not every system has an equivalent.
- Alternatives to detention. Italian law allows a residual sentence within certain limits to be served outside prison altogether. Whether an equivalent exists at home is the central question.
- Conditions. Sometimes better, sometimes considerably worse.
- Family. Visits, language, contact — which for a long sentence is not a secondary consideration.
- Irreversibility. A transfer is not undone if the calculation turns out badly.
The honest comparison is between the residual sentence here, with the Italian alternatives to detention taken into account, and the same sentence at home under that country's rules. That requires advice on both sides, which is what the arrangement described in how a correspondent case is run exists for.
The usual conditions
A final judgment; a residual sentence long enough for the transfer to be worth organising; dual criminality within the terms of the applicable instrument; no other proceedings requiring the person's presence in Italy; and a resolution of any compensation ordered in favour of injured parties, which does not travel with the sentence.
How it is started
Through a lawyer, with the application directed to the competent authority for enforcement. The preliminary work is the important part: reconstructing the whole enforcement position — the aggregation of sentences, the reductions already granted, credit for time served — because an error there produces a wrong residual figure and therefore a wrong decision.
That reconstruction is also worth doing on its own account, and it is described in the guide on what follows a conviction.
Frequently asked questions
Can I serve my Italian sentence at home?
Within the EU through mutual recognition of custodial judgments, and outside it through the Council of Europe convention of 1983, which requires the agreement of the person and both states.
Do I have to consent?
Within the EU, not always: transfer to the state of nationality where you live can proceed without consent in defined cases.
Will my sentence stay the same?
The enforcing state may adapt it where it is incompatible with its own law, and its rules on early release then apply, which can be better or worse.
Is it always a good idea?
No. The comparison is between the residual sentence in Italy, with the alternatives to detention available here, and what the same sentence means at home. It is normally irreversible.
If a sentence is being served
The comparison takes documents from both countries and it is worth doing before applying, not after. First contact is free and covered by professional privilege.