Gross negligence (culpa lata) is a condition that prevents compensation for wrongful detention, in the Italian discipline. With regard to extradition and EAW, the European discipline does not provide for compensation for wrongful detention. To the possibility of the applicative extension of the internal discipline also to the above-mentioned supranational circumstances, gross negligence represents one of the legislative obstacles to the recognition of reparation for wrongful deprivation of liberty.
Culpa lata in proceedings to obtain relief for wrongful imprisonment
Maria Grazia Coppetta
2021
Abstract
Gross negligence (culpa lata) is a condition that prevents compensation for wrongful detention, in the Italian discipline. With regard to extradition and EAW, the European discipline does not provide for compensation for wrongful detention. To the possibility of the applicative extension of the internal discipline also to the above-mentioned supranational circumstances, gross negligence represents one of the legislative obstacles to the recognition of reparation for wrongful deprivation of liberty.File in questo prodotto:
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