62022CJ0219_SUM
Case C‑219/22
Criminal proceedings
against
QS
(Request for a preliminary ruling from the Rayonen sad Nesebar)
Judgment of the Court (Fourth Chamber) of 5 October 2023
(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 of previous convictions handed down in other Member States as equivalent to those attached to national convictions – Conditions – Imposition of a custodial sentence accompanied by a probationary suspension – New offence committed during the period of suspension – Revocation of suspension and effective execution of the custodial sentence – Interference with the previous conviction and any decision relating to its execution – Framework Decision 2008/947/JHA – Article 14(1) – Recognition of convictions with a view to the supervision of probation measures and the possible revocation of the suspension of execution)
Judicial cooperation in criminal matters – Taking account of convictions in the Member States of the European Union in the course of new criminal proceedings – Framework Decision 2008/675 – Scope – Criminal proceedings instituted in one Member State against a person who was subject to a previous final conviction handed down in another Member State for different facts – Included
(Council Framework Decision 2008/675, recitals 2 and 7, and Arts 1(1), 2 and 3(2))
(see paragraphs 23-31)
Judicial cooperation in criminal matters – Taking account of convictions in the Member States of the European Union in the course of new criminal proceedings – Framework Decision 2008/675 – Person who has been subject, in a Member State, to a final conviction to a sentence, accompanied by a probationary suspension not executed fully – New criminal proceedings instituted against that person in another Member State for different facts – Court of that other Member State seised, in the context of those proceedings, of a request for execution of the previous conviction – National legislation permitting it to revoke the suspension and order the effective execution of that sentence – Whether permissible – Condition – Forwarding and recognition of the conviction in the Member State behind the new proceedings
(Council Framework Decisions 2008/675, recitals 2, 5 to 7 and 14, and Art. 3(1), (3) and (4), and 2008/947, Arts 1(3)(a) and 14(1))
(see paragraphs 32-43, 47-49, operative part)
See the text of the decision.