EU: Criminal law: Member State declarations on mutual recognition of judgments and double criminality


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Criminal law: Member State declarations on mutual recognition of judgments and double criminality
19.12.17
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Under Article 7(4) of the Framework Decision on the mutual recognition of judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty, Member States are allowed to opt out or limit the effects of Article 7(1) of that measure, which foresees the automatic recogintion and enforcment of sentences handed down in another Member State with regard to certain serious crimes.

Article 7(1) of Framework Decision 2008/909/JHA outlines certain offences that:

"if they are punishable in the issuing State by a custodial sentence or a measure involving deprivation of liberty for a maximum period of at least three years, and as they are defined by the law of the issuing State, shall, under the terms of this Framework Decision and without verification of the double criminality of the act, give rise to recognition of the judgment and enforcement of the sentence imposed"

12 Member States have so far declared that they will not apply the article.

See Member State declarations: Council 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 - Declarations under Article 7(4) and Article 28(2) (4 December 2017, 14223/17, pdf)

National measures implementing the Framework Decision can be found in Eur-Lex. Not all Member States have implemented the measure, which was supposed to be brought into force at national level by 5 December 2011.

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