A. P. (Mesures de probation) (Mutual recognition of judgments and probation decisions - Judgment) [2020] EUECJ C-2/19 (26 March 2020)

A. P. (Mesures de probation) (Mutual recognition of judgments and probation decisions - Judgment) [2020] EUECJ C-2/19 (26 March 2020)

Article 1(2) of Framework Decision 2008/947, read with Article 4(1)(d), covers recognition of a judgment imposing a suspended custodial sentence subject solely to the legal obligation not to commit a new criminal offence during probation, provided that obligation results from the judgment or a probation decision taken on its basis.

Citation
[2020] EUECJ C-2/19
Parties
Applicant: A. P.; Issuing Court: Rīgas pilsētas Latgales priekšpilsētas tiesa (Riga City Court, Latgale District, Latvia); Requesting Authority: Justiitsministeerium (Ministry of Justice, Estonia); Executing Court: Harju Maakohus (Court of First Instance, Harju, Estonia); Appellate Court: Tallinna Ringkonnakohus (Court of Appeal, Tallinn, Estonia); Referring Court: Riigikohus (Supreme Court, Estonia); Intervener: Latvian Government
Jurisdiction
European Union
Judgment Date
26 March 2020
Procedural Posture
Preliminary Ruling / Judgment on Reference From National Court
Outcome
Question answered; recognition possible under Framework Decision 2008/947 if the legal obligation is imposed by the judgment or probation decision.
Legal Topics
Mutual Recognition of Judgments, Probation Measures, Suspended Sentences, Alternative Sanctions, Cross Border Enforcement
European Union Law Criminal Law Mutual Recognition of Judgments Probation Measures Suspended Sentences Alternative Sanctions Cross Border Enforcement

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Parties

A. P.

Applicant

Rīgas pilsētas Latgales priekšpilsētas tiesa (Riga City Court, Latgale District, Latvia)

Issuing Court

Justiitsministeerium (Ministry of Justice, Estonia)

Requesting Authority

Harju Maakohus (Court of First Instance, Harju, Estonia)

Executing Court

Tallinna Ringkonnakohus (Court of Appeal, Tallinn, Estonia)

Appellate Court

Riigikohus (Supreme Court, Estonia)

Referring Court

Latvian Government

Intervener

Procedural Posture

Preliminary Ruling / Judgment on Reference From National Court

Legal Issues

  1. 1 Whether Article 1(2) of Framework Decision 2008/947/JHA covers recognition of a judgment imposing a suspended custodial sentence subject only to the obligation not to commit a new criminal offence during probation.

Ratio Decidendi

Article 1(2) of Framework Decision 2008/947, read with Article 4(1)(d), covers recognition of a judgment imposing a suspended custodial sentence subject solely to the legal obligation not to commit a new criminal offence during probation, provided that obligation results from the judgment or a probation decision taken on its basis.

Court Disposition

Question answered; recognition possible under Framework Decision 2008/947 if the legal obligation is imposed by the judgment or probation decision.

Orders

  • Article 1(2) of Framework Decision 2008/947, read with Article 4(1)(d), must be interpreted as meaning that recognition of a judgment imposing a suspended custodial sentence subject solely to the legal obligation not to commit a new criminal offence during probation falls within the scope of the framework decision,...