Traduction de «double criminality » (Anglais → Français) :

Where the execution of a European Evidence Warrant under Council Framework Decision 2008/978/JHA of 18 December 2008 on the European Evidence Warrant for the purpose of obtaining objects, documents and data for use in proceedings in criminal matters (1) requires search or seizure, the Federal Republic of Germany reserves the right under Article 23(4) of that Framework Decision to make execution subject to verification of double criminality in the case of the offences relating to terrorism, computer-related crime, racism and xenophobia, sabotage, racketeering and extortion and swindling listed in Article 14(2) of that Framework Decision, ...[+++]unless the issuing authority has stated that the offence in question meets the following criteria under the law of the issuing State:

A number of serious offences do not require a check for double criminality - i.e. that the offence be a crime in both the EU country issuing the order (issuing country) and the one executing it (executing country).

When discussing the packages, a number of basic questions regarding mutual recognition will have to be borne in mind, notably relating to double criminality, total or only partial recognition, the validation procedure, and the procedural conditions that have to be met in the issuing Member State in order for the decision to be recognisable in the recognising Member State.

A. In the interests of combating racism and xenophobia, each Member State shall undertake, in accordance with the procedure laid down in Title II, to ensure effective judicial cooperation in respect of offences based on the following types of behaviour, and, if necessary for the purposes of that cooperation, either to take steps to see that such behaviour is punishable as a criminal offence or, failing that, and pending the adoption of any necessary provisions, to derogate from the principle of double criminality for such behaviour:

According to the Convention, the sentencing State may request another Contracting State to enforce a sentence only if one or more of the conditions set out in Article 5 are fulfilled, namely: (a) if the sentenced person is ordinarily resident in the other State; (b) if the enforcement of the sentence in the other State is likely to improve the prospects for the social rehabilitation of the sentenced person; (c) if, in the case of a sentence involving deprivation of liberty, the sentence could be enforced following the enforcement of another sentence involving deprivation of liberty which the sentenced person is undergoing or is to undergo in the other State; (d) if the other State is the State of origin of the sentenced person and has de ...[+++]clared itself willing to accept responsibility for the enforcement of that sentence; or (e) if it considers that it cannot itself enforce the sentence, even by having recourse to extradition, and that the other State can. In addition, the judgment handed down in the requesting State must be final and enforceable and the offence in respect of which the sentence has been passed must also constitute an offence under the law of the requested State ("double criminality" requirement [76]).

[76] 6 The double criminality requirement has, on the other hand, not been included in the following agreements: the cooperation agreement of 23 March 1962 between Denmark, Finland, Iceland, Norway and Sweden (known as the "Helsinki" agreement), the judicial cooperation agreement concluded in 1983 at Riyadh between certain Arab States and the 1986 Commonwealth Scheme for the Transfer of Offenders.