Travelling abroad on holiday should be a thoroughly enjoyable experience. For some people, it results in disaster and they find themselves in police custody. Giambrone & Partners' criminal defence lawyers fully understand how confusing and upsetting this can be. Especially as, generally, most people are unaware of the varying laws in foreign countries and how dissimilar they can be from those in the United Kingdom. Similarly, few people know their rights in a foreign country or whether there are time limits for action or what are the potential sentences that can be handed out.
Laws and legal procedures vary, often quite considerably, from
country to country. Simply because your home country permits
certain activities
or the police will deal with misbehaviour with a warning, it
should not be assumed that what you can do in your home country is
permitted everywhere. In Italy, for example, there are different
types of police force each wearing different uniforms. The Carabinieri are a special branch of the
army mainly dealing with serious crime and criminal organisations.
The State police, Polizia di Stato, deal with such things as
security on the
roads and airports, amongst other things. The Local police, Vigili Urbani deal with local traffic control
and some minor crime and also there is the Guardia di Finanza which is responsible for
national and international financial crime including fraud,
counterfeiting, tax evasion and
smuggling.
There are laws to prevent damage to heritage sites, for example,
you may not sit on the Spanish Steps in Rome, you may not paddle in
the
Fontana di Trevi, or Trevi Fountain or bathe in the canals of
Venice, whereas the fountains in Trafalgar Square, London are
regularly jumped
into.
Vincenzo Senatore, a partner and highly
acclaimed criminal defence lawyer commented "when visiting a
foreign country many young people simply think the laws in that
country are the same or very similar to their home country, not
realising that some actions and behaviour in their home country
that would attract little more than a reprimand from a police
officer can be subject to a compulsory prison sentence in
Italy" he continued "for example, an assault of a sexual
nature will attract a mandatory custodial sentence of six up to 12
years, regardless of the fact that the act was minor matter rather
than a serious assault, the sentence is often reduced or suspended
if the act is deemed to be minor. Often what the perpetrator
considers is little more than a prank results in a prison sentence
abroad, loss of their job and criminal
record."
In a recent news story across the world's press, a British
tourist was observed carving his and his fiancee's names on the
wall of the Colosseum, one of the most significant historical
buildings in Rome. The tourist appeared to be amused by the
reaction of passers-by and clearly had no concerns about the
consequences of his actions. He is now being sought by Italy's
Carabinieri police and faces a potential fine of up to €15,000
and a prison sentence of up to five years if convicted. This is not
an idle threat in 2014, a Russian tourist was fined €20,000
(£17,000) for engraving a "K" on a wall and given a
suspended four-year jail sentence. Also, two American tourists were
also cited for aggravated damage after they carved their names in
the monument.
If you fall foul of the law in Italy the first thing you must do
is appoint a criminal defence lawyer that speaks good English. You
have the right to be represented by a lawyer that speaks your first
language but not all duty lawyers have good enough English.
Giambrone's highly regarded criminal defence lawyers stress the critical importance of obtaining effective and efficient legal assistance abroad for those who find themselves involved in international criminal proceedings. Early intervention by an expert criminal defence lawyer could make the difference between being detained or being able to return home.
Vincenzo Senatore is a dually qualified Italian Avvocato (with Higher Rights of Audience) and English Solicitor and also qualified to plead before the International Criminal Court in The Hague. Vincenzo is a robust criminal defence lawyer with an acclaimed track record of success. He has several years of experience in Civil and Common law. Vincenzo has broad experience of UK and international cross-border transactions across a variety of industry sectors as well as international corporate and criminal law. Vincenzo is a formidable litigator with a demonstrable history of bringing successful transactions to successful conclusions, providing legal support to partners and delivering strategic advice to diverse clientele.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.