Alternative penalties enforceable in another Member State

(B2) France and Germany have proposed to their European partners to adopt a framework decision allowing "the recognition and monitoring of suspended sentences with probation, alternative sentences and conditional sentences ". This initiative, published in PLAY of June 30, is subject to the Council of the EU and opinion of the European Parliament.

The proposal aims, on the one hand, to increase the chances of social reintegration of the convicted person by giving him the possibility of maintaining his family, linguistic, cultural and other ties, by carrying out his obligations in a Member State other than the one in which he was ordered, on the other hand, to improve the monitoring of compliance with probation measures and alternative penalties with the aim of preventing recidivism and protecting victims. The text will define the rules according to which a Member State monitors probation measures or alternative penalties imposed on the basis of a judgment delivered in another Member State and may take any other decision for the execution of this judgment.

A dozen measures are targeted, such as the obligation for the convicted person to inform the competent authority of any change of residence; presentation at specific times before a competent authority; compensation for the damage caused by the offense committed; community service; cooperation with a probation officer; submission to medical care or drug treatment; or the obligation not to leave or not to go to certain places, as well as other injunctions on the way of life, the stay, the training, the professional activity or the leisures.

(NGV)