CELEX: 62019CA0002
Language: en
Date: 2020-03-26 00:00:00
Title: Case C-2/19: Judgment of the Court (First Chamber) of 26 March 2020 (request for a preliminary ruling from the Riigikohus — Estonia) — Criminal procedure against A.P. (Reference for a preliminary ruling — Framework Decision 2008/947/JHA — Mutual recognition of judgments and probation decisions — Scope — Judgment imposing a suspended custodial sentence — Probation measure — Obligation not to commit a new criminal offence — Obligation prescribed by law)

29.6.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 215/17
            
         
      Judgment of the Court (First Chamber) of 26 March 2020 (request for a preliminary ruling from the Riigikohus — Estonia) — Criminal procedure against A.P.
      (Case C-2/19) (1)
      
      (Reference for a preliminary ruling - Framework Decision 2008/947/JHA - Mutual recognition of judgments and probation decisions - Scope - Judgment imposing a suspended custodial sentence - Probation measure - Obligation not to commit a new criminal offence - Obligation prescribed by law)
      (2020/C 215/19)
      Language of the case: Estonian
      
         Referring court
      
      Riigikohus
      
         Party to the criminal procedure in the main proceedings
      
      A.P.
      
         Operative part of the judgment
      
      Article 1(2) of Council 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, read in conjunction with Article 4(1)(d) thereof, must be interpreted as meaning that recognition of a judgment that has imposed a custodial sentence whose execution is suspended subject to the sole condition that a legal obligation not to commit a new criminal offence during a probation period be complied with falls within the scope of that framework decision, provided that that legal obligation results from that judgment or from a probation decision taken on the basis of that judgment, a matter which is for the referring court to establish.
      
         (1)  OJ C 93, 11.3.2019.