What happens if the requesting country misses the 40-day deadline to submit extradition documents?

Under Italian law, if the requesting state fails to submit formal extradition papers within 40 days of provisional arrest, the detained person must be released from custody. However, release does not terminate the proceedings — extradition can still proceed if documents arrive later, and restrictive measures such as passport confiscation or reporting obligations may continue. The Court of Appeal retains jurisdiction over the case. Furthermore, the Red Notice remains active in Interpol’s database, meaning re-arrest is possible if you travel elsewhere. Securing CCF deletion remains essential even after release from Italian detention.