Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 08/10/2017

Subject: The Court affirmed that where the issuing Member State has provided for a criminal procedure involving several degrees of jurisdiction which may thus give rise to successive judicial decisions, at least one of which has been handed down in absentia, the concept of ‘trial resulting in the decision’, within the meaning of Framework Decision 2002/584/JHA on the European arrest warrant must be interpreted as relating only to the instance at the end of which the decision is handed down which finally rules on the guilt of the person concerned and imposes a penalty on him, such as a custodial sentence, following a re-examination, in fact and in law, of the merits of the case. An appeal proceeding in principle falls within that concept

Parties: Tupikas

Classification: Justice - Art. 48 Rights of defence

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