Court of Justice (Fifth Chamber) 21 September 2017, C-171/16 (Trayan Beshkov v Sofiyska rayonna prokuratura.)

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In Case C-171/16, the Court of Justice (Fifth Chamber) held that Framework Decision 2008/675/JHA applies not only to guilt-determination proceedings but also to national procedures for imposing an overall custodial sentence that takes into account a prior conviction handed down in another Member State. The Court further ruled that the Framework Decision precludes any requirement of prior formal recognition of a foreign conviction by national courts—such as the procedure under Articles 463–466 of the Bulgarian Code of Criminal Procedure (Nakazatelno-protsesualen kodeks)—as a precondition for taking that conviction into account. Additionally, Article 3(3) of the Framework Decision precludes national legislation permitting a court, in the course of imposing such an overall sentence, to alter the enforcement arrangements of the sentence imposed by the court of another Member State, including by revoking a suspension and converting it to a term of imprisonment.AI