Case C-219/22, QS (Revocation of suspension): Judgment of the Court (Fourth Chamber) of 5 October 2023 (request for a preliminary ruling from the Rayonen sad Nesebar — Bulgaria) — Criminal proceedings against QS (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)
Date: 2023-10-05
Institutions: Court of Justice
Subjects: EU Member State, carrying out of sentence, criminal proceedings, judicial cooperation in criminal matters in the EU








C_202300727EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/727


20.11.2023





Judgment of the Court (Fourth Chamber) of 5 October 2023 (request for a preliminary ruling from the Rayonen sad Nesebar — Bulgaria) — Criminal proceedings against QS
(Case C-219/22, (1) QS (Revocation of suspension))
(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)
(C/2023/727)
Language of the case: Bulgarian

Referring court

Rayonen sad Nesebar

Party in the main proceedings

QS

Other party: Rayonna prokuratura Burgas

Operative part of the judgment

Article 3(3) of Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings
must be interpreted as meaning that it does not preclude legislation of a Member State which permits a court of that State, seised, in the context of new criminal proceedings instituted against a person who has been subject to a final conviction to a sentence, accompanied by a probationary suspension, previously handed down in another Member State for different facts and not yet executed fully, of a request for execution of that conviction, to revoke that suspension and order the effective execution of that sentence, provided that the said conviction has been forwarded to and recognised in the Member State conducting the new criminal proceedings, in accordance with Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions.


(1)  
            OJ C 266, 11.7.2022.


ELI: http://data.europa.eu/eli/C/2023/727/oj
ISSN 1977-091X (electronic edition)