Tupikas (area of freedom, security and justice : judicial cooperation in criminal matters : Opinion) [2017] EUECJ C-270/17 (26 July 2017)

Tupikas (area of freedom, security and justice : judicial cooperation in criminal matters : Opinion) [2017] EUECJ C-270/17 (26 July 2017)

Where the issuing Member State provides for multiple degrees of jurisdiction, the 'trial resulting in the decision' under Article 4a(1) of Framework Decision 2002/584 refers only to the instance that led to the final decision on guilt and penalty after a re-examination of the merits. Appeal proceedings that meet these criteria are covered. The executing authority must verify compliance with Article 4a(1) in relation to that final instance.

Citation
[2017] EUECJ C-270/17
Parties
Requested Person: Tadas Tupikas; Issuing Judicial Authority: Klaipėdos apygardos teismas (Regional Court, Klaipėda, Lithuania); Executing Judicial Authority: Rechtbank Amsterdam (District Court, Amsterdam, Netherlands)
Jurisdiction
European Union
Judgment Date
26 July 2017
Procedural Posture
Preliminary Ruling (cjeu) / Judgment on Reference for Preliminary Ruling
Outcome
Question answered; interpretation provided for national court to apply.
Legal Topics
European Arrest Warrant, In Absentia Trials, Mutual Recognition of Judicial Decisions, Right to a Fair Trial, Rights of Defence, Extradition/surrender Procedures
Criminal Law European Union Law Human Rights Law European Arrest Warrant In Absentia Trials Mutual Recognition of Judicial Decisions Right to a Fair Trial Rights of Defence +1 more

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Parties

Tadas Tupikas

Requested Person

Klaipėdos apygardos teismas (Regional Court, Klaipėda, Lithuania)

Issuing Judicial Authority

Rechtbank Amsterdam (District Court, Amsterdam, Netherlands)

Executing Judicial Authority

Procedural Posture

Preliminary Ruling (cjeu) / Judgment on Reference for Preliminary Ruling

Legal Issues

  1. 1 Scope of 'trial resulting in the decision' under Article 4a(1) of Framework Decision 2002/584/JHA in cases involving multiple judicial instances, at least one in absentia; whether appeal proceedings that re-examine the merits are covered by this concept.

Ratio Decidendi

Where the issuing Member State provides for multiple degrees of jurisdiction, the 'trial resulting in the decision' under Article 4a(1) of Framework Decision 2002/584 refers only to the instance that led to the final decision on guilt and penalty after a re-examination of the merits. Appeal proceedings that meet these criteria are covered. The executing authority must verify compliance with Article 4a(1) in relation to that final instance.

Court Disposition

Question answered; interpretation provided for national court to apply.

Orders

  • Where the issuing Member State has provided for a criminal procedure involving several degrees of jurisdiction which may give rise to successive judicial decisions, at least one of which has been handed down in absentia, the concept of 'trial resulting in the decision' in Article 4a(1) of Framework Decision 2002/584...