Extradition Lawyer in Milan: Corte d'appello di Milano and the Local Procedure

If a person is arrested in Milan on a European Arrest Warrant (EAW), the relevant court is generally the Corte d’appello di Milano (Milan Court of Appeal). Its Fifth Criminal Section handles passive extradition and international matters, including arrest-validation hearings. First identify an EAW, a separate-agreement surrender request, or traditional extradition; procedures and deadlines differ.

This guide covers Milan’s court, first hearing and family access. It cannot promise release; check the arrest report, legal basis and custody order promptly.

Which Milan court handles the case—and does the arrest location matter?

The Corte d’appello di Milano is the correct working label for the Milan appellate district, but not every northern-Italy arrest belongs there. For an EAW police arrest, Article 5(5) of Law No. 69/2005 points to the Court of Appeal for the district where the arrest occurred. Article 5(2) uses different residence, domicile or habitual-stay connections for other EAW routes, so the arrest location and route must be checked from the file. Traditional extradition follows Article 701 of the Code of Criminal Procedure, which uses different connecting factors, including residence or domicile when the request reaches the Ministry, the court that ordered provisional arrest, or the court whose president validated a police arrest.

The district includes Busto Arsizio and Varese. For an arrest at Milan Linate or Malpensa, record the exact location; for Bergamo Orio al Serio, verify competence rather than assuming Milan. See the Brescia guide if relevant.

Institution	Local role and verified detail
Corte d’appello di Milano	Appellate court for local passive extradition and EAW proceedings; Via Freguglia 1, 20122 Milan.
Ufficio del Processo – Cancelleria Quinta Sezione Penale	The official listing places the registry at Via Freguglia 1, second floor, with public hours Monday to Friday, 9:00 a.m. to 1:00 p.m.; it publishes telephone numbers 02 54333278 and 02 54333268 and section PEC contacts. These are verification contacts, not a substitute for checking the filing method for a particular act.
Quinta Sezione Penale (Fifth Criminal Section)	Official court materials identify it as handling passive extradition and international matters, including arrest-validation hearings.
Procura Generale di Milano	The Prosecutor General participates in EAW and traditional extradition proceedings. Confirm the correct registry and filing method for each procedural act; a general contact does not prove a motion was filed.
Casa circondariale Milano San Vittore	San Vittore is a known Milan detention facility, but it is not the only one; confirm the person’s actual location.

What happens in the first hours after an arrest?

For an EAW arrest initiated by police after a SIS alert, Article 11 of Law No. 69/2005 requires the police to place the person at the president of the competent Court of Appeal’s disposal and transmit the arrest report immediately, and no later than 24 hours after arrest. Article 13 then requires the president or a delegated judge to hear the person within 48 hours after the court receives that report. The person must understand the language used; an interpreter is provided if needed, and defence counsel must be present. The judge considers validation and the legal basis for the measure.

Traditional extradition is different. Under Article 716 of the Code of Criminal Procedure, police must put a person arrested under the urgent provisional-arrest procedure at the competent Court of Appeal’s disposal within 48 hours. Unless release is required, the president validates the arrest within the following 48 hours. Under Article 717, if a coercive measure is applied, the person must be identified and questioned as soon as possible and no later than five days after execution of the measure or validation; counsel must be present for any consent to extradition or waiver of speciality.

Clock	Trigger and immediate check
EAW: first 24 hours	After a police arrest based on a SIS alert, Article 11 requires the police to place the person at the competent court president’s disposal and send the report no later than 24 hours after arrest.
EAW: 48 hours	Runs from the court’s receipt of the arrest report. Obtain the report and confirm the receipt time, interpreter and lawyer.
Traditional extradition: first 48 hours	Police must place the person at the president’s disposal and transmit the report.
Traditional extradition: next 48 hours	The president validates the arrest unless the person must be released; check the order and custody basis.
Traditional extradition: five days	Interview deadline after execution of the measure or validation; confirm counsel’s presence and that the consequences of each statement are explained.

This is a first-day action plan, not a 72-hour limit: record the arrest place/time, police unit, custody location, next hearing and language. Request counsel and an interpreter if needed.

How can family members arrange a visit in Milan?

The Court publishes a specific Permesso di colloquio MAE process for visits to a detainee in an extradition or EAW case received by Italy. Relatives, cohabitants and other authorised visitors may apply. The application requires the applicant’s identity document and evidence or a declaration showing the relationship. The Court says a lawyer is not required merely to submit this visit-permit application.

The published instructions direct applicants to URP counter 1 on the first floor, with the completed form delivered to the Fifth Criminal Section registry on the second floor, Freguglia side. Listed hours are Monday to Friday, 9:00 a.m. to noon; the Court says the permit is normally issued in one or two days at most. Confirm current arrangements before travelling, as this estimate is not a guarantee.

The permit is for family access, not an appeal or defence filing, and does not replace confidential lawyer-client contact. Confirm the actual prison; San Vittore is not automatic.

Which deadlines apply at the Milan Court of Appeal?

EAW and traditional extradition have different deadlines.

Procedure	Deadline	Next step
EAW decision	Article 17 of Law No. 69/2005 requires the Court of Appeal to decide as soon as possible and, in any event, within 15 days from execution of the coercive measure under Article 9 or, for a police arrest under Article 11, from arrest. If no coercive measure is applied, Article 10(4-bis) separately requires the decision hearing to be scheduled no later than 15 days after the decision not to apply a measure. The president may extend the Article 17 period by up to 10 days by a reasoned decree when information under Article 16 must be obtained or other objective circumstances make compliance impossible.	Without consent, Article 22 permits a cassation appeal within five days of legal knowledge of the Article 17 judgment, on the limited grounds in Article 606(1)(a)–(c) CPP; the Court of Cassation decides within 10 days after receiving the file, and the appeal suspends execution. If the person consented and the Court of Appeal made an Article 14 order, the separate appeal period is three days from legal knowledge and the Court of Cassation decides within seven days. Consent to surrender and waiver of speciality are distinct, and a valid consent/waiver cannot be revoked; obtain defence advice before making either statement.
EAW final-decision milestone	The EU Framework Decision’s ordinary final-decision period is 60 days after arrest, or 10 days after consent; an exceptional extension of up to 30 days is possible. Separately, Article 22-bis of Law No. 69/2005 sets Italian custody-review milestones: without consent, its initial 60-day period runs from execution of the coercive measure, arrest, or the decision not to apply a measure; with consent, the first reporting period is 10 days from consent.	When the applicable Article 22-bis period expires, the court informs the Minister of Justice of the delay and reasons. This separate Article 22-bis 30-day stage is distinct from the EU Framework Decision’s exceptional 30-day extension. If no final decision is reached within 30 days after the applicable initial 60-day or 10-day period expires, the Minister urgently informs Eurojust and the Court of Appeal reviews whether custody remains absolutely necessary and proportionate. If no final decision is reached within 90 days after that 30-day stage, Article 22-bis requires custodial detention to be revoked (a total of 180 days from the relevant initial trigger without consent, or 130 days from consent). Suitable non-custodial measures may be used if needed to prevent absconding. Do not treat this Italian custody sequence as identical to the EU decision clock.
Traditional extradition	Article 704 CPP: at least 10 days’ hearing notice; decision within six months from the Prosecutor General’s requisitoria, not arrest.	Article 706 allows a cassation appeal. It sets no separate day-count, so counsel must calculate the applicable deadline under general criminal-procedure rules from the actual decision and service/deposit facts.
Provisional extradition arrest	Article 715: revoke the provisional measure if the request and documents do not reach Italian authorities within 40 days of the Minister’s notice to the foreign state.	This is a rule for that preliminary stage, not a universal maximum for every type of extradition detention.

What should a family member or foreign lawyer prepare?

Full name, date of birth, nationality and any identity document.
Exact arrest place and time, police unit if known, and the arrest record, court order, SIS notice or EAW paperwork.
Requesting country, whether the case concerns prosecution or sentence enforcement, and any warrant or case number.
Actual detention location, next hearing date/time and the language the person understands.
Contacts for Italian counsel and counsel in the requesting state; any urgent medical or consular issue.
For a family visit, the applicant’s ID and evidence or declaration of the relationship required by Milan’s MAE permit instructions.

The Court’s official listing places the Fifth Criminal Section registry at Via Freguglia 1, second floor, and publishes the telephone numbers 02 54333278 and 02 54333268, together with a section PEC address and a separate PEC for filing criminal acts. These are useful verification points, not permission to send every document by email. An email does not necessarily file a motion or pause a deadline; counsel must confirm the correct channel, signature and filing requirements before transmitting confidential material.

A hypothetical Milan airport example

Hypothetical: a traveller is arrested at Malpensa after an alert is checked against an EAW. Counsel should record the exact arrest time and place, obtain the police report, identify the procedure and confirm the competent court and first-hearing deadline. If the person is moved, verify the new custody location. For an arrest at Bergamo Orio al Serio, do not assume Milan is competent; check the district and, if appropriate, the Brescia local guide.

Where are the national refusal grounds explained?

This page covers Milan’s local court and access only. The Italy country guide explains national procedure. For non-EU requests, the applicable treaty, any Italian declaration and any case-specific assurances can affect the result. Article 11 of the European Convention on Extradition addresses the death-penalty issue; counsel should verify the current treaty position and any assurance in the actual case before relying on it. Detailed refusal grounds and remedies belong in the remedies guide.

Questions families ask about Milan extradition cases

Does an arrest at Malpensa automatically mean Milan will handle the case?

No. The exact arrest location, legal instrument and statutory jurisdiction rule matter. For an EAW police arrest, Article 5(5) of Law No. 69/2005 points to the Court of Appeal for the district where the arrest occurred.

Can a relative request a visit permit without a lawyer?

Yes, the Milan Court of Appeal says a lawyer is not required merely to submit its MAE visit-permit request. Bring identity documentation and proof or a declaration of the relationship, and confirm current instructions.

If the EAW deadline passes, must the person be released?

No. The 15-day Article 17 decision period is not an automatic-release rule. Article 22-bis sets separate deadlines for reporting delay, reviewing whether custody remains necessary and, after the statutory additional period, revoking custody if no final decision has been reached. The trigger differs between cases with and without consent and depends on the actual measure and arrest record, so counsel should calculate it from the documents.

Is San Vittore the detention facility for every Milan-district arrest?

No. San Vittore is one official remand facility in Milan, but the person may be held elsewhere. Confirm the actual location before arranging a visit.

Lex Agency’s team coordinates cross-border defence with local counsel. To request a case assessment, use the contact page; provide the arrest location, the requesting country and any deadline already shown on the paperwork, without assuming that an enquiry pauses a legal clock.