Re Caneba and Others

Abstract

States as international persons — In general — Sovereignty and independence — In matters of domestic jurisdiction — Criminal proceedings — Visits abroad by Italian judges in order to cross-examine defendants held in the United States and France — Whether a violation of rules on territorial jurisdiction — Requirement to respect sovereignty of other States and follow established procedure of submitting letters rogatory to competent foreign authorities — Exceptions admissible only if sanctioned by both international agreement and municipal law — The law of Italy

Jurisdiction — In general — Territorial — Over territory in general and persons and property situated therein — Territorial limits of jurisdiction — Criminal proceedings — Visits abroad by Italian judges in order to cross-examine defendants held in the United States and France — Whether a violation of rules on territorial jurisdiction — Requirement of respect for sovereignty of other States — Exceptions admissible only if sanctioned by both international agreement and municipal law — Requirement to follow established procedure and submit letters rogatory to competent foreign authorities — The law of Italy