What are “probation” decisions for the purposes of mutual recognition? Regarding the difficulties of transposing Framework Decision 2008/947/JHA into Spanish law .
DOI:
https://doi.org/10.18042/cepc/rdce.63.06Keywords:
Probation measures, Framework Decision 2008/947/JAH, mutual recognition, alternative measures, foreign prisoners, Spanish Law 23/2014.Abstract
This article analyses the transposition into Spanish law of 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. The problems created by the lack of adaptation of the terms to the domestic law make it difficult to determine which sanctions and measures are eligible for mutual recognition, one of the factors contributing to the very low level of implementation observed in practice. With the aim of facilitating the enforcement of the sentence in the country of origin for the large number of potential beneficiaries (foreign convicted persons of EU nationality) of the mutual recognition of these measures in our country, these probation decisions need to be accurately identified, with detailed analysis of both the Framework Decision and the Spanish Law 23/2014, as well as the Government’s position regarding the transposition.Published
2019-07-31
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