|Printable version||E-mail this to a friend|
CJEU: Reduction of custodial sentence when a prisoner is transferred from one Member State to another
The custodial sentence of a prisoner may not be reduced, when he is transferred from one Member State to another, by reason of time spent working in prison in the first Member State if that Member State has not, under its national law, granted such a reduction in sentence.
The Framework Decision governing transfers between two Member States of persons sentenced to serve a custodial sentence has no direct effect.
By judgment of 28 November 2012, Mr Atanas Ognyanov, a Bulgarian national, was sentenced in Denmark to a period of 15 years imprisonment for murder and aggravated robbery.
Mr Ognyanov was remanded in custody in Denmark from 10 January until 28 November 2012, the date when his conviction became final. He then served part of his period of imprisonment in Denmark, from 28 November 2012 until 1 October 2013. While detained in Denmark, Mr Ognyanov worked from 23 January 2012 until 30 September 2013. On 1 October 2013 Mr Ognyanov was transferred to a prison in Bulgaria.
The Framework Decision governing transfers between two Member States of persons sentenced to serve a custodial sentence establishes the general rule that the enforcement of a sentence shall be governed by the law of the executing State. The authorities of that State are therefore competent to decide on the procedures for enforcement and to determine all the measures relating thereto, including the grounds for early or conditional release. Further, the competent authority of the executing Member State is to deduct the full period of imprisonment already served in the other Member State (’the issuing Member State’).
Bulgarian law provides that work done by a sentenced person is to be taken into account for the purposes of reducing the length of the sentence in that two days of work equate to three days of deprivation of liberty. As stated in an interpretative judgment delivered on 12 November 2013 by the Varhoven kasatsionen sad (Supreme Court of Appeal, Bulgaria), that rule of Bulgarian law also applies in a situation where a sentenced person has carried out work in the period of his detention in a Member State other than Bulgaria before being transferred to Bulgaria for the enforcement of the remainder of the sentence.
Latest News from
Disaster resilience - CoR mobilises to turn global commitments into local action28/03/2017 14:25:00
The European Committee of the Regions (CoR), EC and the United Nations Office for Disaster Risk Reduction (UNISDR) seek to accelerate the implementation and monitoring of the Sendai Framework at the European Forum for Disaster Risk Reduction in Istanbul, in order to reduce the impact of natural disasters.
ESMA discusses haircuts in EU securities financing transactions28/03/2017 13:25:00
The European Securities and Markets Authority (ESMA) issued a research piece on shadow banking published in its recent report on trends, risks and vulnerabilities (TRV).
EC gives a boost to youth mobility in Europe28/03/2017 12:25:00
The EC has presented an initiative under the Erasmus+ programme which further supports learning and mobility of young Europeans.
Mergers: EC clears merger between Dow and DuPont, subject to conditions28/03/2017 11:25:00
The EC has approved under the EU Merger Regulation the proposed merger between US-based chemical companies Dow and DuPont. The approval is conditional in particular on the divestiture of major parts of DuPont's global pesticide business, including its global R&D organisation.
MEPs vote to close loopholes for exploiting EU and third country tax differences28/03/2017 10:25:00
Economic and Monetary Affairs Committee MEPs have voted to close loopholes which allow some of the world’s largest corporations to avoid paying tax on profits by exploiting differences in the tax systems of EU and third countries.