Procedural aspects: Information and Consent Figure 15: EU Member States in which suspects, accused or sentenced persons receive updated information about adaptations of relevant measures 18 16 14 12 10 8 6 AT BE CZ DK EE ES FI FR HR HU IT LT LV PL PT SE UK AT BE CZ DK EE ES FI FR HR HU LT LV MT PL 4 2 0 Source: CY EL LU NL RO DE MT SI SK BG IE Framework Decision on transfer of prisoners AT CZ DK EE ES FI HR HU LT LV PL PT CY EL LU NL RO SK BG DE PT SI EL LU MT NL RO IE IT SE UK Framework Decision on probation and alternative sanctions DE FR IT SE SI SK UK BE BG CY IE Framework Decision on the ESO Updated information provided No practice established No updated information provided Not implemented / implementation pending FRA, 2015 The Framework Decisions do not oblige any authorities to inform sentenced or suspects and accused persons that their sentence has been adapted. Only authorities of the issuing state have to be informed of the adjustments made. Whether or not authorities in the issuing state inform suspects/sentenced persons about the adapted terms depends on domestic law. Figure 15 illustrates in how many EU Member States suspects, accused or sentenced persons receive updated information about adaptations of relevant measures. Given that the Framework Decisions are silent about informing affected persons and some national laws implementing the acts follow the wording of the decisions, the question of forwarding updated information appears to be unclear in some states. The obligation to provide information might be derived from other provisions and general rules. However, in the majority of states that implemented the relevant Framework Decisions, the affected persons will receive updated information if the executing state adapts a judgment or decision. In most cases, this information is provided by law enforcement authorities. For example, in Denmark, the Ministry of Justice informs the sentenced person of the decision rendered by the executing state;287 in Latvia, the Ministry of Justice is responsible for informing a person about any specific activity in the case.288 The Public Prosecutor might also notify the sentenced person about the executing state’s decision, as is done in France289 and Belgium.290 Another solution is to send a letter directly from the relevant court. This applies, for example, in Lithuania, where the court has the obligation to promptly, but not later than within one working day, send a copy of the decision to the convict and 287 Denmark, Representative of the Danish Ministry of Justice. 288 Latvia, Representative of the Judicial Cooperation Department of the Ministry of Justice. 289 France, Code of Criminal Procedure, Art. 728-48. 290 Belgium, Representative of the Ministry of Justice. 91

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