The Cesare Battisti case became wildly known within and outside the legal scope, becoming a case of great public interest. Within the legal atmosphere, the case raised a number of issues, such as granting refugee status for convicted criminals, the possibility to cancel the refugee status and the possibility of the Chief of the Executive Branch to refuse the enforcement of extradition as a political decision and a matter of national sovereignty. Moreover, the present case is still raising questions, and the Federal Supreme Court has once again been called upon to rule on the statue of limitations regarding of the administrative act which denied Cesare Battisti s surrender to the Italian authorities and on the possibility of his expulsion and deportation. Based on doctrinal studies, the analysis of the Cesare Battisti case and the Supreme Court trials on extradition, the present work intends to study the possibility of repealing the administrative act of the Chief of the Executive Branch, who ruled that Cesare Battisti would not be surrendered to the Italian State.