Court of Justice 6 February 2020, C-2/19 (Criminal proceedings against A. P.)

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In Case C-2/19, Advocate General Bobek opines that Council Framework Decision 2008/947/JHA does not apply to a judgment imposing a suspended custodial sentence without any accompanying probation measure, where the sentenced person's sole obligation is to refrain from committing a new criminal offence during the probation period. The AG reasons that the text of Articles 1, 2, and 4 of FD 2008/947 requires, as a conjunctive condition, both a qualifying judgment or probation decision and an imposed probation measure or alternative sanction, and that the generic obligation not to reoffend does not constitute a 'probation measure' within the meaning of the Framework Decision. The AG further concludes that such a judgment may nonetheless be taken into account in other Member States under Framework Decision 2008/675/JHA, and that extending the scope of FD 2008/947 to simple suspended sentences would be contrary to the instrument's text, internal logic, and the principle of legality as it would worsen the position of the sentenced person without clear legislative basis.AI