ITALY Law and Practice Contributed by: Giorgio Vagnoni, Alessio Di Pietro, Alessandra Mosca and Cesare Placanica, LAWP Studio legale e tributario
4. Overseas Parties in Fraud Claims 4.1 Joining Overseas Parties to Fraud Claims Criminal Law Italian jurisdiction relies on the principle of territoriality, whereby a crime committed on Italian soil is punish - able under Italian laws. A crime is deemed to be committed on Italian soil even if just part of the criminal conduct has taken place in Italy or if the relevant events or effects have happened, in whole or in part, in Italy. So, by way of example, Italian courts have jurisdiction over international infor - matic frauds if the offence – committed abroad by a foreigner – has produced effects in Italy. In addition, to a certain extent, special provisions regulate the juris - diction of Italian courts for offences committed abroad (eg, offences against Italian states, offences commit - ted by public officials, offences committed abroad by an Italian citizen if the offender is located in Italy, offences committed abroad by a foreigner causing harm to the Italian State or Italian entities). In addition, Italy has implemented EU legal provisions on criminal judicial co-operation and introduced new instruments, principles and regulations concerning: • mutual assistance in criminal matters between EU member states; • conventions on extradition between EU member states; • the institution of a European judicial network on criminal matters; • the implementation of a European arrest warrant and of the European investigation order; • the mutual recognition of pre-trial supervision measures; and • the mutual recognition of freezing orders and con - fiscation orders. Civil Law As a general rule, Italian courts have jurisdiction over civil claims whenever the defendant is domiciled in Italy or if they have a representative in Italy (Article 3 of Law 218/1995). The parties may also conventionally decide to attrib - ute jurisdiction to Italian courts, for example, in the
case of actions based on contractual liability (Article 4 of Law 218/1995). From an EU perspective, Regulation 1215/2012 (Brus - sels I-bis) establishes jurisdiction between EU mem - ber states and also provides for mutual recognition and enforcement of judgments on civil and commer - cial matters. This regulation is fully applicable in Italy. Regulation 1215/2012, while confirming the jurisdic - tion of the country where the defendant is domiciled, is capable of stretching Italian jurisdiction to certain matters related to international fraud claims, including the following: • for matters relating to a contract, if the relevant obligation had to be performed in Italy (particularly if the services under the contract were provided or should have been provided in Italy); • for matters relating to tort, when the harmful event has occurred or may occur in Italy; • with reference to civil claims for damages or resti - tutions representing the result of criminal proceed - ings, if these proceedings have taken place in Italy; and • the enforcement in Italy of decisions taken by courts in other EU member states or the seeking of relevant provisional and protective measures in Italy. 4.2 Service of Proceedings out of the Jurisdiction No response has been provided in this jurisdiction. 5. Enforcement 5.1 Methods of Enforcement Enforcement of Criminal Sanctions (Articles 656 et seq of the Italian Code of Criminal Procedure) Criminal enforcement may occur only after a judgment becomes final (Article 650 of the Italian Code of Crimi - nal Procedure). Prior to the final decision on the mer - its, preventative measures may still be requested and authorised in order to partially anticipate the effects of the enforcement.
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