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CJEU Case C-2/19 / Opinion

Criminal proceedings against A. P

Policy area:
Justice, freedom and security
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Type:
Opinion
Decision date:
06/02/2020
ECLI:
ECLI:EU:C:2020:80

Key facts of the case:

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.

Outcome of the case:

I suggest that the Court reply as follows to the question referred by the Riigikohus (Supreme Court, Estonia):

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 does not apply to a judgment that imposes a suspended sentence without imposing any probation measure within the meaning of that framework decision and where the only obligation of the sentenced person is to avoid committing a new criminal offence during the probation period.