Prosecutor v. Rackete

327 Sea — Duty of rescue — Warships — Definition — Entry into a foreign port without authorization — Alleged collision with a patrol boat of the Inland Revenue Police — Arrest of the captain by the Inland Revenue Police — Pre-trial judge not confirming the arrest by the Inland Revenue Police — Whether pre-trial judge exceeding jurisdiction in not confirming the arrest — Standard of review — Reasonableness of the Inland Revenue Police’s action — Whether pre-trial judge scrutinizing evidence too closely for this stage of the proceedings — “Likely” existence of a justification sufficient to justify not confirming arrest — Whether Inland Revenue Police’s patrol boat qualifying as a “warship” — Inland Revenue Police’s patrol boat not satisfying prerequisites to be a “warship” — Offence under Article 1100 of the Code of Navigation not substantiated — Whether justification under Article 51 of the Penal Code existing in the circumstances — Limited scope of the Court’s review — Court not allowed to review pre-trial Judge’s reasoning — The law of Italy