Case Law 89/2007 (05/03/2007)
Authority: National Courts: Merit's Courts (Spain) - Audiencia Provincial de Sevilla
Subject: The Spanish Penal Code (art. 58) provides for the deduction from the penalty imposed of any period of deprivation of liberty served after the offence, even if has been served in another cause concluded without conviction. The Court ruled that according to the general principles set by Art. 49 and Art. 50 of the Charter of Fundamental Rights, those provision of the Spanish Penal Code must be also applied when the deprivation of liberty has been served in other EU Country (in the case Portugal) in a cause concluded without trial (despacho de não pronuncia).
Parties: Carrero León
Original language: Spanish
Classification: Art. 49 Proportionality of penalties - Art. 50 Right not to be tried or punished twice in criminal proceedings for the same criminal offence
Notices: Effectiveness of the Charter
The judgement mentions the Charter of Nice explicitly