The evolution of European Union criminal law (1957-2012)

ecognition of national sentences, penalties and national requests (surrender, evidence,
etc.) in relation to different groups of crimes. First and foremost, in relation to serious
criminality, namely almost all Euro-crimes but also other offences in relation to which
harmonisation has not been attempted, such as rape, murder, arson, genocide, etc.
(serious criminality left in the domain of national or international legal systems). Indeed,
framework decisions implementing the principle of mutual recognition set a particular
regime for 32 serious criminal offence types (39 in the case of the Framework Decision
on the mutual recognition of financial penalties). 536 In relation to those offences,
Member States cannot make recognition of other Member States’ sentences or decisions
in criminal matters dependent on the verification of the principle of dual criminality –
which requires that a certain act be considered a criminal offence in both states for the
recognition to take place. This means that for those specific offences Member States
have to recognise the decision or penalty at stake even if it refers to a conduct which is
not deemed as criminal by their own domestic law. Finally, the remaining criminality,
which does not fall under the previous category, is also under the reach of the principle
of mutual recognition, although Member States can still control for dual criminality in
relation to these offences. This means that Member States are not required to execute
requests for recognition and cooperation if these relates to acts not deemed as criminal
offences by their domestic criminal law.
536 The list provided for, for example, by the Framework Decision on the EAW, on the
supervision of probation measures and alternative sanctions, on decisions on supervision
measures as alternatives to provisional detention and confiscation orders, among others, is the
following: participation in a criminal organisation; terrorism; trafficking in human beings; sexual
exploitation of children and child pornography; illicit trafficking in narcotic drugs and
psychotropic substances; illicit trafficking in weapons, munitions and explosives; corruption;
fraud, including that affecting the financial interests if the European communities within the
meaning of the Convention of 26 July 1995 on the protection of EC interests; laundering the
proceeds of crime, counterfeiting currency, including the Euro; computer-related crime;
environmental crime, including illicit trafficking in endangered animal species and in endangered
plant species and varieties; facilitation of unauthorised residence and entry; murder, grievous
bodily injury; illicit trade in human organs and tissue; kidnapping, illegal restraint and hostagetaking;
racism and xenophobia; organised and 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; illicit trafficking in hormonal substances and other growth promoters; illicit
trafficking in nuclear and radioactive materials; trafficking in stolen vehicles; rape; arson; crimes
within the jurisdiction of the International Criminal Court; unlawful seizure of aircrafts/ships; and
sabotage. In turn, the Framework Decision of recognition of financial penalties lists 39 offence
types and to the ones already mentioned it adds: 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; infringement of intellectual property rights; threats and
acts of violence against persons, including violence during sport events; criminal damage; theft;
offences established by the issuing State serving the purpose of implementing obligations arising
from instruments adopted under the EC Treaty or under Title VI of the EU Treaty. For the
extended list see Article 5 (1) of the Framework Decision, supra note 383.
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