AV (Jugement global) Judicial cooperation in criminal matters(Judicial cooperation in criminal matters - Taking into account, for the purposes of an aggregate sentence, of a conviction delivered in another Member State - Judgment) [2021] EUECJ C-221/19 (15 April 2021)

AV (Jugement global) Judicial cooperation in criminal matters(Judicial cooperation in criminal matters - Taking into account, for the purposes of an aggregate sentence, of a conviction delivered in another Member State - Judgment) [2021] EUECJ C-221/19 (15 April 2021)

EU law permits the issuance of an aggregate sentence in a Member State that includes both domestic convictions and convictions from other Member States recognised for enforcement, provided that the aggregate sentence does not adapt the duration or nature of the foreign conviction beyond the limits set by Framework Decision 2008/909, deducts any time already served, and does not review or interfere with the foreign conviction, in compliance with Framework Decisions 2008/675 and 2008/909.

Citation
[2021] EUECJ C-221/19
Parties
Applicant: AV; Referring Court: Sąd Okręgowy w Gdańsku (Regional Court, Gdańsk, Poland)
Jurisdiction
European Union
Judgment Date
15 April 2021
Procedural Posture
Preliminary Ruling (cjeu) / Judgment
Outcome
Questions answered; aggregate sentencing including recognised foreign convictions is permitted under specified EU law conditions.
Legal Topics
Mutual Recognition of Criminal Judgments, Aggregate Sentencing, Recognition and Enforcement of Foreign Convictions, Non Interference With Foreign Judgments
Criminal Law European Union Law Mutual Recognition of Criminal Judgments Aggregate Sentencing Recognition and Enforcement of Foreign Convictions Non Interference With Foreign Judgments

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Parties

AV

Applicant

Sąd Okręgowy w Gdańsku (Regional Court, Gdańsk, Poland)

Referring Court

Procedural Posture

Preliminary Ruling (cjeu) / Judgment

Legal Issues

  1. 1 Whether EU law permits an aggregate sentence in a Member State to include both domestic and recognised foreign convictions for enforcement purposes
  2. 2 Whether such aggregate sentencing constitutes prohibited interference, revocation, or review of foreign convictions under Framework Decisions 2008/675 and 2008/909

Ratio Decidendi

EU law permits the issuance of an aggregate sentence in a Member State that includes both domestic convictions and convictions from other Member States recognised for enforcement, provided that the aggregate sentence does not adapt the duration or nature of the foreign conviction beyond the limits set by Framework Decision 2008/909, deducts any time already served, and does not review or interfere with the foreign conviction, in compliance with Framework Decisions 2008/675 and 2008/909.

Court Disposition

Questions answered; aggregate sentencing including recognised foreign convictions is permitted under specified EU law conditions.

Orders

  • Aggregate sentences may include both domestic and recognised foreign convictions, subject to strict compliance with Framework Decisions 2008/675 and 2008/909.