Court of Justice (Fourth Chamber) 5 October 2023, C-219/22 (Criminal proceedings against QS.)
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The Court of Justice ruled that Article 3(3) of Framework Decision 2008/675/JHA does not preclude national legislation allowing a court to revoke a probationary suspension and order the effective execution of a custodial sentence previously imposed in another Member State. Such an order is permissible provided that the previous conviction has been forwarded to and recognized by the Member State conducting the new criminal proceedings in accordance with Framework Decision 2008/947/JHA. Without such formal recognition, taking the foreign conviction into account to alter its execution arrangements would constitute an impermissible interference with the original judgment.AI
European Union · · · Cited by 5 · 05-10-2023
JUDGMENT OF THE COURT (Fourth Chamber) 5 October 2023 ( *1 ) (Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – Framework Decision 2008/675/JHA – Taking account of convictions in the Member States in the course of new criminal proceedings – Article 1(1) – Scope – Article 3(1), (3) and (4) – Obligation to recognise the effects
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