Procedural aspects: Information and Consent
for transfer.313 In Slovenia, the suspect or accused person
is interrogated and asked to give their consent orally
by an investigative judge. The suspect can also give
their consent in written form within eight days after
the interrogation. 314
6.7. Right to revoke consent
or change one’s opinion
From a legal point of view, it appears problematic for
suspected or sentenced persons to revoke their consent or to change their opinion. To reiterate – in principle, consent is not required for transfers of prisoners
in accordance with the Framework Decision on transfer
of prisoners; it is required only in exceptional cases.
Nevertheless, in all cases, sentenced persons should
have an opportunity to state their opinion and this opinion should be taken into consideration by the relevant
authority deciding on the transfer. The Framework
Decision does not address the possibility of revoking
one’s consent to a transfer or changing one’s opinion.
The Framework Decision on probation and alternative
sanctions does not require any consent for transfers
of probationary measures. By contrast, the Framework
Decision on the ESO requires informed consent. Neither
the Framework Decision on probation and alternative
sanctions nor the Framework Decision on the ESO provide for a possibility to change one’s consent or opinion.
It follows that this issue would be regulated by Member
States’ domestic law, if at all. As the issue is fairly new,
there may be no established practice and the rules may
evolve. Where no provisions expressly prevent suspected, accused or sentenced persons from revoking
their consent, actual practice or judicial interpretation
might clarify whether such a possibility exists. Table 13
provides an overview of EU Member States in which
sentenced persons have a right to revoke their consent
or change their opinions in relation to the Framework
Decision on transfer of prisoners.
Table 13: Right to revoke consent or change one’s
opinion in EU Member States with regard
to Framework Decision on transfer of
prisoners
Right to revoke
consent
Right to change
one’s opinion
AT
BE
BG
CY
CZ
DE
DK
EE
EL
ES
FI
FR
HR
HU
IE
IT
LT
LU
LV
MT
NL
PL
PT
RO
SE
SI
SK
UK
Legend
Procedure established in law
Procedure established in practice
No practice established
313 Hungary, Act CLXXX of 2012 on the judicial cooperation in
criminal matters with Member States of the European Union
(2012. évi CLXXX. törvény az Európai Unió tagállamaival
folytatott bűnügyi együttműködésről), Art. 87 (1).
314 Slovenia, Cooperation in Criminal Matters with the Member
States of the European Union Act (Zakon o sodelovanju
v kazenskih zadevah z državami članicami Evropske unije
(ZSKZDČEU-1)), 23 May 2013, Art. 123, paras. 2–3.
No procedure
Not implemented
Source: FRA, 2015
95
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