Mutual recognition of judgements in criminal matters involving deprivation of liberty in Spain
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[1] Unioversidad de Zaragoza
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- Localización: Eucrim: the European Criminal Law Associations' fórum, ISSN 1862-6947, Nº. 1, 2020 (Ejemplar dedicado a: New Challenges for Judicial Cooperation in Spain), págs. 41-45
- Idioma: inglés
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Resumen
Council Framework Decision 2008/909/JHA of 27 November 2008 “on the application of the principle of mutual recognition to judgements in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union” was implemented in Spain by the introduction of new rules into the Mutual Recognition Act. Achieving social rehabilitation is the core objective of the Framework Decision. This has also practical consequences for the implementation of this instrument, for example requiring ties on the part of the sentenced person with the executing State. Some of the most controversial procedural issues in Spain are analysed in this article, including the consent of the sentenced person and the grounds for the adaptation of the sentence by the executing State under Spanish law
