European Criminal Justice - EJTN

EJTN training guideline in European Criminal Justice - Update 2011sentences or measures involving deprivation of liberty which fall within thescope of Framework Decision 2008/909/JHA (see below); the recognition andexecution of financial penalties and confiscation orders which fall within thescope of Council Framework Decision 2005/214/JHA on the application of theprinciple of mutual recognition to financial penalties (see above) and CouncilFramework Decision 2006/783/JHA on the application of the principle of mutualrecognition to confiscation orders (see above). Member States are asked toimplement the Framework Decision by December 2011.The Framework Decision 2008/909/JHA on the application of the principle ofmutual recognition to judgments in criminal matters imposing custodialsentences or measures involving deprivation of liberty for the purpose of theirenforcement in the European Union establishes rules under which a MemberState, with a view to facilitating the social rehabilitation of the sentencedperson, is to recognise a judgment and enforce the sentence. Member States areasked to implement the Framework Decision by December 2011.Another development for the trial phase is the adoption of the FrameworkDecision on taking account of convictions in the Member States of the EuropeanUnion in the course of new criminal proceedings of August 2008. ThisFramework decision determines the conditions under which, in the course ofcriminal proceedings in a Member State against a person, previous convictionshanded down against the same person for different facts in other MemberStates, are taken into account. Member States are asked to implement theFramework Decision by August 2010.The other main field in this area is the transfer of sentenced persons. In 1983,the Council of Europe Convention on the transfer of sentenced persons providedfor the transfer of sentenced persons while the first EU instrument, the 1991Convention on the enforcement of foreign criminal sentences of 1991, onlyprovided for the transfer of the enforcement of custodial and pecuniarypenalties. The latest EU instrument that has been adopted in November 2008 onthis topic is a Framework Decision on the application of the principle of mutualrecognition to judgments in criminal matters imposing custodial sentences ormeasures involving deprivation of liberty for the purpose of their enforcementin the European Union. One of the major novelties of this Framework Decision isthe possibility to impose the transfer without the agreement of the personconcerned.Training contentTraining on the legislative instruments with regard to sanctions should currentlydistinguish between the instruments in force and those being adopted but notyet implemented.Training on mutual recognition of confiscation orders and financial penaltiesshould focus on the scope, content, pros and cons of the Framework Decisions,problems with the application, best practice and case studies.43