Joined Cases C-483/09 and C-1/10: Judgment of the Court (Fourth Chamber) of 15 September 2011 (reference for a preliminary ruling from the Audiencia Provincial de Tarragona — Spain) — Criminal proceedings against Magatte Gueye and Valentín Salmerón Sánchez (Police and judicial cooperation in criminal matters — Framework Decision 2001/220/JHA — Standing of victims in criminal proceedings — Domestic crimes — Obligation to impose as an ancillary penalty an injunction prohibiting the offender from approaching the victim of the offence — Choice of forms of penalty and level of penalty — Compatibility with Articles 2, 3 and 8 of the Framework Decision — Provision of national law excluding mediation in criminal cases — Compatibility with Article 10 of the Framework Decision)
Date: 2011-09-15
Institutions: Court of Justice
Subjects: EU police cooperation, criminal procedure, judicial cooperation, penalty, victim








C_2011319EN.01000501.xml










29.10.2011   


EN


Official Journal of the European Union


C 319/5





Judgment of the Court (Fourth Chamber) of 15 September 2011 (reference for a preliminary ruling from the Audiencia Provincial de Tarragona — Spain) — Criminal proceedings against Magatte Gueye and Valentín Salmerón Sánchez
(Joined Cases C-483/09 and C-1/10) (1)

(Police and judicial cooperation in criminal matters - Framework Decision 2001/220/JHA - Standing of victims in criminal proceedings - Domestic crimes - Obligation to impose as an ancillary penalty an injunction prohibiting the offender from approaching the victim of the offence - Choice of forms of penalty and level of penalty - Compatibility with Articles 2, 3 and 8 of the Framework Decision - Provision of national law excluding mediation in criminal cases - Compatibility with Article 10 of the Framework Decision)
2011/C 319/06
Language of the case: Spanish

Referring court

Audiencia Provincial de Tarragona

Parties in the main proceedings







 



Magatte Gueye (C-483/09)

intervener: X











 



Valentín Salmerón Sánchez (C-1/10)

intervener: Y






Re:

Reference for a preliminary ruling — Audiencia Provincial de Tarragona — Interpretation of Articles 2, 8 and 10 of Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings (OJ 2001 L 82, p. 1) — Respect for and recognition of victims — Right to protection — Mediation in criminal proceedings — Agreement between victim and offender

Operative part of the judgment

The Court rules:






1.


Articles 2, 3 and 8 of Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings must be interpreted as not precluding the mandatory imposition of an injunction to stay away for a minimum period, provided for as an ancillary penalty by the criminal law of a Member State, on persons who commit crimes of violence within the family, even when the victims of those crimes oppose the application of such a penalty.










2.


Article 10(1) of Framework Decision 2001/220 must be interpreted as permitting Member States, having regard to the particular category of offences committed within the family, to exclude recourse to mediation in all criminal proceedings relating to such offences.






(1)  OJ C 37, 13.2.2010.

OJ C 63, 13.3.2010.