P6_TA(2006)0373

Taking into account previous convictions in another Member State *

European Parliament legislative resolution on the proposal for a Council Framework Decision on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings (COM(2005)0091 — C6-0235/2005 — 2005/0018(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal (COM(2005)0091) [1],

- having regard to Article 34(2)(b) of the EU Treaty,

- having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0235/2005),

- having regard to Rules 93 and 51 of its Rules of Procedure,

- having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0268/2006),

1. Approves the Commission proposal as amended;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4. Calls on the Council to consult Parliament again if it intends to amend the Commission proposalsubstantially;

5. Instructs its President to forward its position to the Council and Commission.

TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |

Amendment 1

Recital 6

(6) The entry in the criminal record of a Member State of convictions against nationals or residents handed down in another Member State must be governed by the same rules as if it had been handed down by a national court and may not cause persons convicted in other Member States to be treated more unfavourably than those who have been convicted by national courts. | deleted |

Amendment 2

Recital 7

(7) This decision is to replace the provisions concerning the taking into consideration of criminal judgments in the Convention of 28 May 1970 on the International Validity of Criminal Judgments. | (7) This Framework Decision applies between Member States without prejudice to the provisions concerning the taking into consideration of criminal judgments in the Convention of 28 May 1970 on the International Validity of Criminal Judgments. |

Amendment 3

Article 1, paragraph 1

1. The purpose of this Framework Decision is to determine the conditions in which a Member State takes into account, in the course of new criminal proceedings against the same person, convictions handed down in another Member State for different facts or enters such convictions in the criminal record. | 1. The purpose of this Framework Decision is to determine the conditions in which a Member State takes into account, in the course of criminal proceedings against a person, previous convictions handed down in another Member State against the same person for different facts. |

Amendment 5

Article 2, point (a)

(a)"conviction" means any final decision of a criminal court or of an administrative authority whose decision can be appealed against in the criminal courts establishing guilt of a criminal offence or an act punishable in accordance with national law as an offence against the law; | (a)"conviction" means any final court decision establishing in criminal proceedings guilt of a criminal offence under national law; |

Amendment 6

Article 2, point (b)

(b)"criminal record": the national register or registers recording convictions in accordance with national law. | deleted |

Amendment 7

Article 3, paragraph 1

1. Each Member State shall, in the course of new criminal proceedings for different facts, attach to convictions handed down in the other Member States in accordance with rules determined by them legal effects that are equivalent to those they attach to national convictions. | 1. Each Member State shall ensure that, in the course of criminal proceedings brought against a person, its competent national authorities and courts or tribunals take into account previous convictions handed down in other Member States against the same person for different facts in accordance with their national law and attach to them the same legal effects as they attach to previous national convictions, provided that such persons are not treated more unfavourably than they would have been if the previous convictions had been national convictions. |

Amendment 8

Article 3, paragraph 2

2. Paragraph 1 shall apply at the pre-trial stage, at the trial stage itself and at the time of execution of the conviction, in particular with regard to the applicable rules of procedure, including those relating to provisional detention, the definition of the offence, the type and level of the sentence, and the rules governing the execution of the decision. | 2. Paragraph 1 shall apply at the pre-trial stage, at the trial stage itself and at the time of execution of the conviction, in particular with regard to the applicable rules, including those relating to provisional detention, the definition of the offence, the type and level of the sentence, and the rules governing the execution of the decision. |

Amendment 9

Article 5, paragraph 1

1. Convictions handed down in another Member State may be disregarded where the underlying facts do not constitute an offence against the criminal law of the Member State. | deleted |

The first subparagraph shall not apply to the following categories of offences: participation in a criminal organisation;terrorism;trafficking in human beings;sexual exploitation of children and child pornography;trafficking in narcotic drugs and psychotropic substances;trafficking in weapons, munitions and explosives;corruption;fraud, including fraud affecting the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 on the protection of the European Communities' financial interests;laundering the proceeds of crime;counterfeiting currency, including the euro;computer-related crime;environmental crime, including trafficking in endangered animal species and in endangered plant species and varieties;facilitation of unauthorised entry and residence;murder, grievous bodily harm;illicit trade in human organs and tissue;kidnapping, illegal restraint and hostage-taking;racism and xenophobia;organised or armed robbery;illicit trafficking in cultural goods, including antiques and works of art;swindling;racketeering and extortion;counterfeiting and piracy of products;forgery of administrative documents and trafficking therein;forgery of means of payment;trafficking in hormonal substances and other growth promoters;trafficking in nuclear or radioactive materials;trafficking in stolen vehicles;rape;arson;crimes within the jurisdiction of the International Criminal Court;unlawful seizure of aircraft/ships;sabotage;conduct which infringes road traffic regulations, including breaches of regulations pertaining to driving hours and rest periods and regulations on hazardous goods;smuggling of goods;infringements of intellectual property rights;threats and acts of violence against persons, including during sports events;criminal damage;theft;offences established by the convicting State and serving the purpose of implementing obligations arising from instruments adopted under the Treaty establishing the European Community or under Title VI of the Treaty on European Union. | |

Amendment 10

Article 5, paragraph 2

2. Without prejudice to paragraph 1, convictions handed down in another Member State may also be disregarded where the consequence of having been convicted in another Member State on the occasion of new criminal proceedings for different facts is that the person concerned is treated more unfavourably than if the conviction had been handed down by a national court. | deleted |

Amendment 11

Article 6, paragraph 1

1. Where a Member State enters convictions handed down in another Member State in its criminal record, the amount of the penalty entered shall correspond to that of the sentence actually passed, unless the amount of the penalty has been actually reviewed when the penalty was executed in the registering Member State. | deleted |

Amendment 12

Article 6, paragraph 2

2. If, under national legislation, convictions handed down in the other Member States against nationals or residents are entered in the national criminal record, the rules governing entry in the record, modifications or deletion of the information entered may under no circumstances have the effect of causing the person to be treated more unfavourably than if he/she had been convicted by a national court. | deleted |

Amendment 13

Article 6, paragraph 3

3. Any modification or deletion of an entry in the convicting Member State shall entail an equivalent deletion or modification in the Member State of nationality or residence if it made an entry in the record and is informed of the modification or deletion, unless the legislation of the latter State provides for more favourable treatment for the convicted person. | deleted |

Amendment 14

Article 7

1. Without prejudice to its application in relations between the Member States and third countries, this Framework Decision replaces Article 56 of the Hague Convention of 28 May 1970 on the International Validity of Criminal Judgments as between the Member States. | This Framework Decision shall apply between the Member States without prejudice to Article 56 of the Hague Convention of 28 May 1970 on the International Validity of Criminal Judgments with regard to the relations between Member States and third countries. |

Amendment 15

Article 8, paragraph 1

1. Member States shall adopt the measures necessary to comply with the provisions of this Framework Decision no later than 31 December 2006. | 1. Member States shall adopt the measures necessary to comply with the provisions of this Framework Decision within one year of its adoption. |

Amendment 16

Article 8, paragraph 3

3. On the basis of that information the Commission shall, no later than 31 December 2007 present a report to the European Parliament and the Council on the application of this Framework Decision, accompanied if necessary by legislative proposals. | 3. On the basis of that information the Commission shall no later than two years after the adoption of this Framework Decision present a report to the European Parliament and the Council on the application of this Framework Decision, accompanied if necessary by legislative proposals. |

[1] Not yet published in OJ.

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