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.
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