Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 09/21/2017

Subject: The Court affirmed that Council Framework Decision 2008/675/JHA on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings is applicable to a national procedure that is concerned with the imposition, for the purposes of execution, of an overall custodial sentence that takes into account the sentence imposed on that person by a national court and also that imposed following a previous conviction handed down by a court of another Member State against the same person for different facts. Moreover the Court affirmed that Framework Decision 2008/675 precludes the possibility that it should be a prerequisite of account being taken, in a Member State, of a previous conviction handed down by a court of another Member State that a national procedure for prior recognition of that conviction by the courts with jurisdiction in the former Member State be implemented. Finally, according to the Court, Framework Decision 2008/675 precludes national legislation which provides that a national court, seised of an application for the imposition, for the purposes of execution, of an overall custodial sentence that takes into account, inter alia, the sentence imposed following a previous conviction handed down by a court of another Member State, may alter for that purpose the arrangements for execution of that latter sentence

Parties: Beshkov

Classification: Justice - Art. 49 Criminal Law

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