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

Furthermore, the list of types of offences to which dual criminality is not applicable is
extended to 39 offences. 804
All grounds for refusal are optional: incomplete or inexistant certificate, ne bis in idem,
lack of dual criminality for non listed types of offences, if the execution is statute barred,
if the decision relates to acts committed in whole or in part in the territory of the
execution State or on the territory of a third State and the law of the executing State does
not allow for prosecutions for those offences when committed outside its territory,
immunity, age not subject to full criminal liability yet, trial in absentia, or if a financial
penalty is below EUR 70 or the equivalent of that amount. 805
Subsequently, in 2006, a Framework Decision on mutual recognition of confiscation
orders was adopted. 806 The terms of recognition and execution of these orders are similar
to the other instruments. The executing State “shall forthwith take all the necessary
measures for its execution”. 807 Dual criminality is abolished for the usual list of 32 types
of offences. 808 Grounds for refusal are optional. 809
Regardless of the surpassed deadlines for implementation, 810 this group of framework
decisions has a very poor implementation. By 2008, the Framework Decision on mutual
recognition of financial penalties for example had only been implemented by 11
Member States (none of the remaining 16 Member States had notified the Commission
of its implementation). 811 Of those States that notified the Commission many
misimplemented it by for example not stipulating time limits for the execution of the
penalties or by excluding the liability of legal persons (hence giving national laws a
narrower approach than required by EU law). 812 Similarly, by 2010 the Framework
804 Article 5, ibid...
805 Article 7 (1) (2), ibid..
806 Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the
principle of mutual recognition to confiscation orders, OJ L 328/59 [2006].
807 Article 7, ibid..
808 Article 6, ibid..
809 Article 8, ibid..
810 The deadline for implementation of the Framework Decision on financial penalties was 22
March 2007, Article 20 of the Framework Decision, supra note 420.; 24 November 2008 for the
Framework Decision on confiscation orders, note 806, Article 22 of the Framework Decision;
and 2 August 2005 for the Framework Decision 2003/577/JHA on the execution of orders
freezing property and evidence, OJ L 196/45 [2003], Article 14 of the Framework Decision.
811 European Commission, Report from the Commission based on Article 20 of the Council
Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of
mutual recognition to financial penalties, COM(2008)888 final, Brussels, 22.12.2008, 2.
812 Ibid., 6.
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