Court of Justice 8 October 2020, C-221/19 (AV.)

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Advocate General Jean Richard de la Tour opines that Framework Decisions 2008/675/JHA and 2008/909/JHA do not preclude a Member State from including a previous conviction from another Member State in aggregate sentencing proceedings, provided the enforcement of that sentence has been transferred to the Member State conducting the proceedings. The Opinion emphasizes that such proceedings must not interfere with, revoke, or review the original conviction, nor result in a sentence more lenient than the initial penalty or nullify its legal effects. It is further argued that any adaptation of the foreign sentence during these proceedings must remain within the strict limits of Article 8(2) to (4) of Framework Decision 2008/909/JHA to ensure the integrity of the issuing State's judgment.AI