“In Section D of the EAW it is mentioned that the requested person did not appear in person at the appeal trial, but that he was represented by a court-appointed lawyer. In light of this, could you answer the following question?
1. Was this court-apointed lawyer mandated by [opgeëiste persoon] to represent him at trial? In case the requested person did not give a mandate to the lawyer who actually represented him at the trial, could you please answer the following questions?
In section D, under b, you mention the requested person was not summoned in person, but by other means actually received official information of the scheduled date and place of the trial regarding the judgment of the Court of Appeal of Brescia of 1 February 2022 (ref. no. No. 212/2022 R. Sen – 2949/2015 R.G.C. App. – 344.2023 SIEP). In section D of the EAW, under point 4, it is explained that the requested person provided an addres during the proceedings in first instance, namely the address of his lawyer at the time.
2. Did [opgeëiste persoon] , during the (pre-trial) proceedings, receive instructions about:
a) the duty to inform the Italian authorities about address changes, and
b) the consequences of not complying with this obligation (including that, in case of [opgeëiste persoon] ’s absence at trial, the proceedings could take place in absentia)?
3. Were these instructions applicable to the criminal proceedings as a whole, including the appeal procedure? If yes,
4. And was [opgeëiste persoon] informed about this?
5. Did [opgeëiste persoon] provide the Italian authorities with a new address in light of the Appeal procedure after his statement of 22 May 2015, where he appointed a new defence lawyer?
6. Was the summons for the Appeal Court hearing, that resulted in the judgement of 1 February 2022, sent to the address that [opgeëiste persoon] provided for this Appeal procedure? In section D, under 4, of the EAW, it is mentioned that the requested person appointed a new defence lawyer of choice, who lodged an appeal, on 22 May 2015. After this appeal, the Court of Appeal of Brescia issued its judgement on 1 February 2022. In regards to this, could you please answer the following question:
7. What is the reason for the significant amount of time between the lodging of the appeal (May 2015) and the judgement of the Court of Appeal of Brescia (February 2022)”