Type: Framework Decision

Authority: Council of the European Union

Date: 10/23/2009

Subject: The framework decision should aim at ensuring that a person resident in one Member State, but subject to criminal proceedings in a second Member State, is not treated any differently from a person subject to criminal proceedings who is so resident. The measures provided for in the Framework Decision should also aim at enhancing the right to liberty and the presumption of innocence in the European Union and at ensuring cooperation between Member States when a person is subject to obligations or supervision pending a court decision. As a consequence, the present Framework Decision has as its objective the promotion, where appropriate, of the use of non-custodial measures as an alternative to provisional detention, even where, according to the law of the Member State concerned, a provisional detention could not be imposed ab initio.

Classification: Justice - Art. 48 Presumption of innocence

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