Introduction Table 1: Terminology used and main equivalents Pre-trial Post-trial Suspects and accused persons Sentenced persons Pre-trial detention Post-trial detention Remand prison (untried/non- convicted prisoners) Prison (prisoners) Preventive detention Imprisonment Generally (pre- and post-trial) Term Explanation Probation measure Obligations and instructions imposed by a competent authority in connection with a criminal conviction Detention (detainee) A place of deprivation of liberty in relation to criminal investigations or sanctions (a person in detention) Social rehabilitation No clear definition exists, but authoritative instruments provide guidance on related concepts. The purpose of a sentence “can be achieved only if the period of imprisonment is used to ensure, so far as possible, the reintegration [of the persons concerned] into society upon release so that they can lead a law-abiding and self-supporting life.” “Prisoners shall be allocated, to the extent possible, to prisons close to their homes or their places of social rehabilitation.” Rules 4 (2) and  59 of the UN Standard Minimum Rules for Treatment of Offenders (as revised in December 2015) Certificate A standardised document accompanying a judgment or decision forwarded to an executing state Double criminality A recognition of the criminal nature of an act in both states involved Issuing state A state where an offence (in most circumstances) was committed and which issued a judgment/decision to be executed in another state Executing state A state that supervises execution of a judgment/decision forwarded from an issuing state Specialty rule A rule that a transferred person may only be tried or deprived of liberty in connection with offences constituting a basis for transfer and may not be tried for any previous, unspecified offences Mutual recognition The process of default recognition of decisions and judgments made by, for example, a court in another Member State Source: FRA, 2016 Related research FRA’s research on the three Framework Decisions should be viewed relative to its parallel project on rights of suspects and accused persons in criminal proceedings, as well as FRA’s extensive research on rights of crime victims,11 large-scale survey on violence against women,12 work on measuring fundamental rights performance,13 and work on children and justice.14 FRA has also previously conducted research on detention and alternatives, with a focus on migration.15 11 12 13 14 15 FRA (2015a). FRA (2014). FRA (2016); FRA project (2014), Fundamental Rights Survey. More information is available on FRA’s website. FRA project (2012), Children and Justice. More information is available on FRA’s website. FRA (2015c); FRA (2010). FRA’s research should also be considered in the context of a number of initiatives around the EU, several of which are funded by the EU. FRA has participated in some of the network exchanges that these projects included, and benefited greatly from the stimulating discussions among practitioners, academicians, and government officials. Table 2 provides an overview of research (and training) activities that relate to one or more of the three Framework Decisions. Several of the studies are initiated and/or funded by the European Commission, such as the work by the Centre for Strategy and Evaluation Services. In this context, FRA’s contribution at meetings and indeed with this report consists of adding a fundamental rights perspective, stressing existing instruments and jurisprudence, and also covering all three instruments in all 28 EU Member States. 21