Traduction de «Precedente penale » (Italien → Anglais) :

Council Framework Decision 2009/315/JHA on the organisation and content of the exchange of information extracted from the criminal record between Member States (the ‘Framework Decision’ or ‘FD’) aims to address these shortcomings by stipulating that information on any EU citizen’s previous convictions by any criminal court in the EU is available to all Member State courts and law-enforcement authorities for criminal proceedings in the pre-trial and trial stages and the execution of the conviction.By imposing a series of obligations on the convicting Member State and the Member State of nationality, the Framework Decision ensures that eac ...[+++]h Member State can provide exhaustive and complete information in relation to the criminal records of its nationals upon request by another Member State.

It appears from the notifications received that 9 Member States focused on the application of a principle of equivalence only (Art. 3 paragraph 1), but did not provide further details in respect of the types of legal effects they attach to previous foreign convictions and at what stage of proceedings (pre-trial, trial stage, execution) these effects apply in their national criminal justice system (Art. 3 paragraph 2): BG, CZ, EE, HU, FR, LU, PL, RO and SK.

Interestingly, no Member State's implementing measure made reference to recital 8, which provides that where, in the course of criminal proceedings in a Member State, information is available on a previous conviction in another Member State, in so far as possible the person concerned should not be treated less favourably than if the previous convictions had been a domestic conviction.

Where, in the course of criminal proceedings in a Member State, information is available on a previous conviction in another Member State, it should as far as possible be avoided that the person concerned is treated less favourably than if the previous conviction had been a national conviction.

In Belgium there are two kinds of procedure within the jurisdiction of the public prosecutor's office: settlement and mediation (see preceding chapter), provided for in Articles 216a and 216b of the Criminal Code, which allow the Prosecutor to order the final discontinuance of proceedings if the accused fulfils certain conditions.

In Belgium there are two kinds of procedure within the jurisdiction of the public prosecutor's office: settlement and mediation (see preceding chapter), provided for in Articles 216a and 216b of the Criminal Code, which allow the Prosecutor to order the final discontinuance of proceedings if the accused fulfils certain conditions.