13955/16 SC/mvk 1 DG D 2B

Transcription

1 Council the European Union Brussels, 4 November 2016 (OR. en) 13955/16 COPEN 316 EUROJUST 135 EJN 64 NOTE From: To: General Secretariat the Council Delegations No. prev. doc.: 5776/2/15 REV 2 Subject: Implementation Council 2008/947/JHA 27 November 2008 on the application the principle mutual recognition to judgments decisions with a view to the supervision sanctions - Information provided to the General Secretariat Delegations will find attached updated information about the state play concerning the Council 2008/947/JHA 27 November 2008 on the application the principle mutual recognition to judgments decisions with a view to the supervision sanctions (OJ L 337, , p. 102). This information is based on notifications by s to the General Secretariat, to which reference is made in the last column. In accordance with its Article 25, the should have been implemented by 6 December According to the information received by the General Secretariat, so far 19 s (BE, BG, CZ, DE, DK, ES, HR, CY, LT, LV, HU, NL, AT, PL, RO, SI, SK, SE, FI) have implemented the in their national legal order /16 SC/mvk 1 DG D 2B EN

2 The information in the table is a summary the notified information: delegations are invited to consult the documents referred to in the last column in order to obtain more detailed information. The information provided in the table is up-to-date as at 4 November Any comments or suggestions for improvement should be sent to secretariat.criminal-law@consilium.europa.eu 13955/16 SC/mvk 2 DG D 2B EN

3 ANNEX Council 2008/947/JHA 27 November 2008 on the application the principle mutual recognition to judgements decisions with a view to the supervision sanctions State/date 3(1) (Conditions (Acceptance 25 BELGIUM Entry into force legislation: 23 June BE as issuing Public prosecutor's fice - BE as Public prosecutor's fice Dutch French German English 12718/13 MoJ is competent for giving prior agreement for judgement ex. Art. 5(2) /16 SC/mvk 3

4 Council 2008/947/JHA 27 November 2008 on the application the principle mutual recognition to judgements decisions with a view to the supervision sanctions State/date 3(1) (Conditions (Acceptance 25 BULGARIA Entry into force legislation: 28 April BG as issuing first-instance courts Bulgarian 11438/12 - BG as provincial courts or Sia City Court. CZECH REPUBLIC Entry into force legislation: 1 January CZ as issuing District courts, regional courts, Prague CZ competent authorities may agree to acknowledge the decision another CZ will not apply Article 10(1) the FD In the cases referred to in (a), CZ will not, in the event a breach imposed - Czech (or accompanied by a translation into Czech). - With respect to the Slovak 7044/ /16 SC/mvk 4

5 Council 2008/947/JHA 27 November 2008 on the application the principle mutual recognition to judgements decisions with a view to the supervision sanctions State/date 3(1) (Conditions (Acceptance 25 Brno Municipal Courts. 1) CZ as 2) the locally competent district courts. 3) regional courts decide as regards legal remedies (addresses provided) in accordance with Article 5(2) the, if the person to whom the decision is addressed requests that the recognition execution that decision be acknowledged if that person is resident on the territory the Czech Republic or if it may reasonably be supposed that the person intends to reside there if the acknowledgement obligations restrictions, adopt any decision it will be for another EU state to adopt binding measures in accordance with its domestic law. Republic, the Czech Republic will accept s produced in Slovak /16 SC/mvk 5

6 Council 2008/947/JHA 27 November 2008 on the application the principle mutual recognition to judgements decisions with a view to the supervision sanctions State/date 3(1) (Conditions (Acceptance 25 that decision for recognition execution in the Czech Republic may be considered as appropriate effective for purposes ensuring the successful integration that person in society /16 SC/mvk 6

7 Council 2008/947/JHA 27 November 2008 on the application the principle mutual recognition to judgements decisions with a view to the supervision sanctions State/date 3(1) (Conditions (Acceptance 25 DENMARK Entry into force legislation: 5 December 2011 Minister Justice or his/her representative is competent regarding recognition. Department Prisons Probation is competent for adaptation / supervision s on intensive monitoring at the sentenced person's place residence Certificates must be issued by the Minister Justice or his/her representative DK authorities will not take a decision on execution a custodial sentence in cases referred to in Art. 29 n (2) (3) national act Danish 7601/ /16 SC/mvk 7

8 Council 2008/947/JHA 27 November 2008 on the application the principle mutual recognition to judgements decisions with a view to the supervision sanctions State/date 3(1) (Conditions (Acceptance 25 DEUTSCHLAND/ GERMANY Entry into force legislation: 25 July 2015 DE as issuing 1) Public prosecutor's fices in the regional courts 2) Local courts DE as 1) Public prosecutor's fices in the regional courts 2) Regional courts DE is willing to supervise certain other constraints which satisfactorily make amends for wrongs committed. The same applies to instructions which aim to prevent a specific lifestyle the sentenced person. DE may consent to the forwarding a judgment under Art. 5(2) if the sentenced person is a DE national. DE will not apply Article 10(1) FD. DE refuses to decisions provided for in Art. 14(1)(b) (c) in the cases mentioned in Art. 14(3)(a), (b) (c). DE also refuses to responsibility in some other cases. See doc. 5901/ / /16 SC/mvk 8

9 Council 2008/947/JHA 27 November 2008 on the application the principle mutual recognition to judgements decisions with a view to the supervision sanctions State/date 3(1) (Conditions (Acceptance 25 ELLAS / GREECE ESPANA/ SPAIN Entry into force legislation: 21 November ES as issuing state: The competent judge or court - ES as state: The Central Criminal Court, or the Central Juvenile Court Judge The conditions contained in Article 101(2)(b) the Spanish Law 23/2014 should be fulfilled. See doc 8716/15. ES declares that the issuing authority, rather than the Spanish Court responsible for enforcement, will be competent for decisions in relation to the three scenarios set out in Article 14(3). 8716/ /16 SC/mvk 9

10 Council 2008/947/JHA 27 November 2008 on the application the principle mutual recognition to judgements decisions with a view to the supervision sanctions State/date 3(1) (Conditions (Acceptance 25 ESTONIA PM Ministry Justice (See 6664/16) Estonia will supervise the referred to in Article 4(1) Estonian English (See 6664/16) PM (See 6664/16) FRANCE 13955/16 SC/mvk 10

11 Council 2008/947/JHA 27 November 2008 on the application the principle mutual recognition to judgements decisions with a view to the supervision sanctions HRVATSKA / CROATIA State/date Implemented as part the acquis - 1 July (1) - HR as issuing competent courts - HR as competent county courts (list provided) The domestic competent authorities, on the basis a recognised foreign measure or sanction, will enforce in respect a convicted person only such sanctions as are provided for in (Conditions In cases where, in addition to the agreement the convicted person, the agreement the ministry with judicial affairs is required for the transmission a judgment imposing measures or sanctions to HR for recognition, the ministry will, when giving that agreement, pay particular attention to facilitating the A competent court will not take decisions in three cases (please consult doc 12335/14, page 8) (Acceptance Croatian ; English (on reciprocal basis) / /16 SC/mvk 11

12 Council 2008/947/JHA 27 November 2008 on the application the principle mutual recognition to judgements decisions with a view to the supervision sanctions State/date 3(1) the criminal legislation the Republic Croatia (Conditions social rehabilitation the convicted person the reintegration the convicted person into society (Acceptance /16 SC/mvk 12

13 Council 2008/947/JHA 27 November 2008 on the application the principle mutual recognition to judgements decisions with a view to the supervision sanctions State/date 3(1) (Conditions (Acceptance 25 IRELAND ITALY KYPROS/ CYPRUS Entry into force legislation: 23 May CY as issuing The assize court or the district court - CY as 1) The territorial competent district court (enforcement) 2) The The competent authority CY may consent to the forwarding a judgment issued in another Member State, where applicable, the decision, only when the sentenced person is lawfully ordinarily resident in the Republic Cyprus has returned or wants to return there. CY will not responsibi lity for taking any decision in the event the sentenced person's non-compliance with a measure or sanction or if he commits a new criminal fence. In such cases jurisdiction will Greek English In addition, CY also accepts s drawn up in both Greek Turkish, being the two ficial languages the country / /16 SC/mvk 13

14 Council 2008/947/JHA 27 November 2008 on the application the principle mutual recognition to judgements decisions with a view to the supervision sanctions State/date 3(1) competent Ministry, section or service (ensuing measures) (Conditions be transferred back to the competent authority the issuing Member State. (Acceptance 25 LATVIA Entry into force legislation: 1 July 2012 A "municipal (district) court" Ministry Justice acts as central authority. Latvian 14271/ /13 LITHUANIA Entry into force legislation: 1 April LT as issuing District courts - LT as LT will recognise execute the sanctions referred to in In the cases referred to in Article 5(2), the LT court will generally agree to take over the execution the measure if the sentenced person is LT will not apply Article 10(1). Lithuanian 12827/ /16 SC/mvk 14

15 Council 2008/947/JHA 27 November 2008 on the application the principle mutual recognition to judgements decisions with a view to the supervision sanctions State/date 3(1) District courts Probation services See for more information 12827/15. Article 4(1) only. (Conditions studying, working or has been granted an employment contract in LT or if a family member the sentenced person is resident in LT or if there are other compelling reasons for taking over the execution the sanction or measure. (Acceptance /16 SC/mvk 15

16 Council 2008/947/JHA 27 November 2008 on the application the principle mutual recognition to judgements decisions with a view to the supervision sanctions State/date 3(1) (Conditions (Acceptance 25 LUXEMBOURG MAGYARORSZÁG / HUNGARY PM - HU as issuing court that imposed the measure or sanction - HU as District courts, or the Central District Court Buda (see 9720/16) HU consents to forwarding if the sentenced person requests execution the judgment or the decision by the HU authorities provides pro close family, cultural or economic connections with Hungary. HU will not apply Article 10(1) the FD. PM See also: 14288/ / /16 SC/mvk 16

17 Council 2008/947/JHA 27 November 2008 on the application the principle mutual recognition to judgements decisions with a view to the supervision sanctions State/date 3(1) (Conditions (Acceptance 25 MALTA NETHERLANDS Entry into force: 1 November 2012 Public Prosecutor in Haarlem. on electronic supervision. NL will not apply Article 10(1) the FD. In certain cases, NL will refuse to decisions referred to in Art. 14(1)(b) (c), see 13964/12. Dutch English 13964/ /16 SC/mvk 17

18 Council 2008/947/JHA 27 November 2008 on the application the principle mutual recognition to judgements decisions with a view to the supervision sanctions State/date 3(1) (Conditions (Acceptance 25 ÖSTERREICH/ AUSTRIA Implemented Entry into force: 1 August AT as an issuing District Regional Courts - AT as an Regional Courts (addresses provided) Monitoring can be approved if because specific circumstances ties exist between the sentenced person Austria such intensity that it can be d that monitoring in Austria will help facilitate the social rehabilitation reintegration the sentenced person. AT refuses to responsibility to take measures in the cases described in Art. 14(3)(a) (c) German. Other languages accepted on basis reciprocity / /16 SC/mvk 18

19 Council 2008/947/JHA 27 November 2008 on the application the principle mutual recognition to judgements decisions with a view to the supervision sanctions State/date 3(1) (Conditions (Acceptance 25 POLAND - PL as issuing District or Regional Courts - PL as Regional Courts with local jurisdiction Where the PL authorities deem that this would better serve the educational or preventive aims the sanction. PL will not apply Art.10(1). PL as an State will refuse assuming the responsibility provided for in Art. 14(1)(b) (c) in the cases mentioned in Art. 14(3)(a) (b). Polish 7600/12 - PL as exec. State in Art. 5(2) cases : Regional Court Warsaw /16 SC/mvk 19

20 Council 2008/947/JHA 27 November 2008 on the application the principle mutual recognition to judgements decisions with a view to the supervision sanctions State/date 3(1) (Conditions (Acceptance 25 PORTUGAL ROMANIA Entry into force legislation: 26 December 2013 RO as issuing The district courts which are territorially competent Where it is the state, RO monitors sanctions as referred to in Article 4(1) RO authorities can recognize judgments decisions not only when the convicted person is a Romanian national he/she lives or is going to live in Romania, but also in cases when the convicted person is not a Romanian national, but he/she either is a resident Romania or one his/her family members is a Romanian national Romania will make use the possibility granted by paragraph (3), therefore the recognition the judgment or decision will be subject to a double criminality check In cases when, after a judgment or a decision is recognized, the convicted person fails to comply with the supervision measures or the sanction, or commits a new fence during the period, if the foreign decision referred to conditional release or an Romanian 5681/ /16 SC/mvk 20

21 Council 2008/947/JHA 27 November 2008 on the application the principle mutual recognition to judgements decisions with a view to the supervision sanctions State/date 3(1) (Conditions or resident, or he/she proves that he/she is going to engage in a pressional activity, studying or training in Romania sanction, without expressly mentioning the custodial sentence which is to be imposed in this case, Romania will not jurisdiction the issuing state will be given the competence to revoke the sanction (Acceptance 25 SLOVENIA Entry into force: 20 September 2013 SI as issuing state: District courts which are territorially competent, SI will refuse to the decisions referred to in Article 14(1)(b) (c) the Slovenian English 5473/ /16 SC/mvk 21

22 Council 2008/947/JHA 27 November 2008 on the application the principle mutual recognition to judgements decisions with a view to the supervision sanctions State/date 3(1) depending on the residence the person concerned. If the competent court cannot be determined, the competent court is the District Court in Ljubljana (Conditions in two cases (see doc 5473/14). (Acceptance 25 SLOVAKIA Entry into force: 1 February SK as an issuing The court that issued the decision. - SK as an PM Slovak. In respect the Czech Republic: also in Czech. (doc.: 6883/14) Special arrangement with CZ, see 11323/ /14 See also 6883/ /15 The district 13955/16 SC/mvk 22

23 Council 2008/947/JHA 27 November 2008 on the application the principle mutual recognition to judgements decisions with a view to the supervision sanctions State/date 3(1) court in whose area or jurisdiction the sentenced person ordinarily resides. (Conditions (Acceptance /16 SC/mvk 23

24 Council 2008/947/JHA 27 November 2008 on the application the principle mutual recognition to judgements decisions with a view to the supervision sanctions State/date 3(1) (Conditions (Acceptance 25 SUOMI/ FINLAND Implemented FI as an issuing Central administrative fice the Criminal Sanctions Agency Where in Finl because particular personal circumstances or other special reason would favour chances adjusting to society. In certain circumstances, Finl will not take decisions in cases referred to in Art. 14(1)(b) (c). Finnish Swedish English Act on cooperation between Finl other Nordic States will continue to apply. 7382/12 District courts are competent to take decisions as referred to in Art. 14(1)(b) (c) /16 SC/mvk 24

25 Council 2008/947/JHA 27 November 2008 on the application the principle mutual recognition to judgements decisions with a view to the supervision sanctions State/date 3(1) (Conditions (Acceptance 25 SWEDEN Entry into force: 1 January SE as issuing 1) Prison Probation Service 2) Parole boards ordinary courts - SE as SE will not supervise any sanctions or measures in addition to those referred to in Article 4(1). SE authorities may consent to a decision being forwarded to Sweden if the social rehabilitation the sentenced person is facilitated by the fact that enforcement is transferred to Sweden is also appropriate. SE as an State will in no case jurisdiction to take decisions as referred to in Article 14(1)(b) (c). Swedish Danish Norwegian English 5221/16 Prison Probation Service. (details provided) UK n/a 13955/16 SC/mvk 25