Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 04/15/2021

Subject: According to the Court, Framework Decision 2008/909/JHA on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union, permit the issue of an aggregate sentence covering not only one or more previous sentences handed down against the person concerned in the Member State in which that aggregate sentence is delivered, but also one or more sentences handed down against him or her in another Member State, which are enforced under that framework decision in the first Member State. Such an aggregate sentence cannot, however, lead to an adaptation of the duration or nature of those sentences which goes beyond the strict limits laid down in that framework decision, a breach of the obligation to deduct the full period of deprivation of liberty already served, where appropriate, by the sentenced person in the issuing State, from the total duration of the deprivation of liberty to be served in the executing Member State, or to a review of the sentences imposed in another Member State, in breach of that framework decision. Moreover, the Court affirmed that Framework Decision 2008/675/JHA on the European arrest warrant and the surrender procedures between Member States, permits the issue of an aggregate sentence covering not only one or more previous convictions handed down against the person concerned in the Member State in which that aggregate sentence is delivered, but also one or more convictions handed down against him in another Member State and which are enforced, under Framework Decision 2008/909, in the first Member State, on condition that that aggregate sentence observes, in so far as concerns the latter convictions, the conditions and limits arising from that framework decision 2008/909

Parties: AV (Jugement global)

Classification: Justice - Art. 49 Criminal Law

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