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The Criminal Procedure (Amendment) Law of 2011
18.07.2011
业务领域: 欧盟法业务

The “Criminal Procedure (Amendment) Law of 2011” was approved for purposes of compliance with EU “Framework Decision 2008/675/JHA on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings”. More specifically, it is provided that, in the course of criminal proceedings against a person, previous convictions handed down against the same person for different facts in other Member States, in respect of which information has been obtained under applicable instruments on mutual legal assistance or on the exchange of information extracted from criminal records, are taken into account to the extent previous national convictions are taken into account, and that equivalent legal effects are attached to them as to previous national convictions, in accordance with national law.

Thus, the said amending legislation transposed the EU principle that a court in one Member State must be able to take account of final criminal judgments rendered by the courts in other Member States for the purposes of assessing the offender’s criminal record and establishing whether he has reoffended, and in order to determine the type of sentence applicable and the arrangements for enforcing it.

However, the court has no obligation to take into account previous convictions, in cases where the information obtained under applicable instruments is not sufficient, or where a national conviction would not have been possible regarding the offense for which the previous conviction had been imposed or where the previously imposed sanction is unknown to the national legal system.

According to the relevant (EU and national) legislation, “interoperable systems” means two or more systems whose system operators have entered into an arrangement with one another that involves cross-system execution of transfer orders.

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