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CJEU Case C-390/16 / Judgment

Criminal proceedings against Dániel Bertold Lada

Policy area:
Justice, freedom and security
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Court (Second Chamber)
Type:
Decision
Decision date:
05/07/2018

Key facts of the case:

Reference for a preliminary ruling - Judicial cooperation in criminal matters - Framework Decision 2008/675/JHA - Taking account in new criminal proceedings of a previous conviction in another Member State - Special procedure for recognition of a conviction in another Member State - Review and legal reclassification of the earlier decision - Principle of mutual recognition - Article 82(1) TFEU

Outcome of the case:

On those grounds, the Court (Second Chamber) hereby rules 

Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings, read in the light of Article 82 TFEU, must be interpreted as precluding the taking into account in a Member State, in new criminal proceedings brought against a person, of a final judgment previously handed down by a court of another Member State convicting that person of other offences being conditional on a special procedure for prior recognition, such as that at issue in the main proceedings, by the courts of the first Member State.