Hello my boyfriend is inItaly he was being held under house arrrest after a ytaffic accident, passport seized and assets frozen, he has money. borowed money to secure his release as he was told he could do . Paid signed paperwork for releaase thentold police wanted to speak to him he is now being held under drug allegations, and they had been watching him they have no evidance he has done nothing no criminal record jhow long can they hold him without charge, will his moneys be released suzanne
My boyfriend is italian and is being held in Brescia he does live in Uk now. He just wants to come home for xmas he has a young daughter and has been away for over a month now. Some while back he did have his bank details and identity hacked on line so wondering if this is how information was obtained by a third party should he instruct a English lawyer here he does have a italian lawyer He is asking if he can be returned to Uk and if there is any case to answer it be heard here in Uk
He is in French police custody (in French “la garde à vue”). Thi is a measure of deprivation of liberty taken by a police officer to keep available to investigators a person suspected of a crime or misdemeanor.
The length of the French police custody is 24 hours.
It can be extended up to 48 hours if the penalty is at least one year in prison, with written and motivated authorization by the French prosecutor (procureur de la République).
For particularly complex cases and severe, the extension may be extended to 72 hours (or 96 hours or 120 hours, in case of terrorist risk), following a decision by the liberties and detention judge (juge des libertés et de la détention , JLD) or a prosecuting judge (juge d’instruction).
Hi no he is in Italian custody I believe there judiscial system is similar to that of France. He has been investigated for 3 weeks whilst he has been under house arrest and they have managed to find nothing so why are they still keeping him They apparantly have been monotoring his phone calls. He has told them that he has had to borrow the money for the bond for which yjey were asking as he has no other means of obtaining money and had he been guilty of what he is being accused he would not have had the problem of the last 3 weeks trying to raisse enough money to secure his release they said that was his business but I think it should show that if he was in fact involved in illegal drug activities he would have had no problem wahtsoever in obtaining 15,000 euros. When they find nothing on him will he be released and his moneys unfrozen so he can come home.
It should be noted that the Italian code of criminal procedure equates house arrest (arresti domiciliari) as a form of temporary preventive detention or custody.
The durartion of the preventive detention is governed by complex rules, which are schematically the following:
- Each phase of the trial has specific deadlines (eg 9 months for the survey, six months for hearing etc.).. They vary with the penalty but alos the from the moment the person was the subject to a first conviction. The simplified forms of trial which reduces the possible duration of detention are also taken into account.
- There are cases of suspension (if the defense policy is one of the empty chair, in case of complex trial or the time of writing the motivation) or extension of time (completion of a psychiatric examination at the time of the investigation when investigations are conducted particularly complex and it is imperative that the person remain in custody).
- However, have also been provided for custody time limits (to avoid an extension or suspension does not lead to a pre-trial detention without limit).
- As for the criminal investigation period itself, the time range from 3 months to one year (renewable once, half of the period). Similar delays are provided to all other phases of the procedure (trial, appeal, final decision etc.).. In total, the detention may not exceed (possible extensions included):
o 2 years for offenses punishable by less than 6 years of imprisonment (that is to say, therefore, between 4 and 6 years, since the remand is impossible for offenses punishable by less than 4 years imprisonment);
o 4 years for offenses punishable by 6-20 years imprisonment;
o 6 years for offenses punishable by more than 20 years' imprisonment.
Hi thank you so basicaly they can hold him without evidence unlike English law innocent until proved guilty.
In Italy, house arrest (arresti domiciliari) is a precautionary measure.
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Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
Is there any point in me contacting the British Embassy in Italy. Would they be able to help at all is there anything I can do to help him I feel useless sat here doing nothing.
The person under house arrest is your boyfriend and not a husband or a member of your family, so there may be some privacy rights issues preventing the British Embassy from giving you information. However, I encourage you to try. You have nothing to lose and all to gain.
The person under house arrest is your boyfriend and not a husband or a member of your family, so there may be some privacy rights issues preventing the British Embassy in Italy from giving you information. However, I encourage you to try. You have nothing to lose and all to gain. You need to find out exactly what they are charging him with.
As for your question asking if the British Embassy in Italy would be able to do anything, there is really nothing they can do because Italy is a sovereign country. However, they can visit your boyfriend and they may give you a list of English speaking lawyer (solicitors) in Italy. They may even explain the Italian criminal law to you over the phone.
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