Costs resulting from the application of this Framework Decision shall be borne by the executing State, except for costs arising exclusively within the territory of the issuing State.
\nThis Framework Decision shall apply to Gibraltar.
\nThis Framework Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
\nDone at Brussels, 27 November 2008.
\nFor the Council The President M. ALLIOT-MARIE ANNEX I CERTIFICATE referred to in Article 6 of Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions 1 (a) Issuing State:
\nExecuting State: (b) Court which issued the judgment imposing a suspended sentence, conditional sentence or alternative sanction Official name:
\nPlease indicate whether any additional information concerning the judgment is to be obtained from: □ the court specified above □ the central authority: if you ticked this box, please provide the official name of this central authority: □ another competent authority: if you ticked this box, please provide the official name of this authority:
\nContact details of the court/central authority/other competent authority Address:
\nTel. (country code) (area/city code) Fax (country code) (area/city code) Details of the person(s) to be contacted Surname:
\nForename(s) :
\nPosition (title/grade):
\nTel. (country code) (area/city code) Fax (country code) (area/city code) E-mail (if any):
\nLanguages that may be used for communication: (c) Authority which issued the probation decision (where applicable) Official name:
\nPlease indicate whether any additional information concerning the probation decision is to be obtained from: □ the authority specified above □ the central authority: if you ticked this box, please provide the official name of this central authority if this information has not yet been provided under point (b): □ another competent authority; if you ticked this box, please provide the official name of this authority:
\nContact details of the authority, the central authority or other competent authority, if this information has not yet been provided under point (b) Address:
\nTel. (country code) (area/city code) Fax (country code) (area/city code) Details of the person(s) to be contacted Surname:
\nForename(s) :
\nPosition (title/grade):
\nTel. (country code) (area/city code) Fax (country code) (area/city code) E-mail (if any):
\nLanguages that may be used for communication: (d) Competent authority for supervision of the probation measures or alternative sanctions Authority which has competence in the issuing State for supervising the probation measures or alternative sanctions: □ the court/authority referred to in point (b) □ the authority referred to in point (c) □ another authority (please provide its official name):
\nPlease indicate which authority is to be contacted if any additional information is to be obtained for the purposes of supervising the probation measures or alternative sanctions: □ the authority specified above □ the central authority: if you ticked this box, please provide the official name of this central authority if this information has not yet been provided under point (b) or (c) :
\nContact details of the authority, or of the central authority if this information has not yet been provided under point (b) or (c) Address:
\nTel. (country code) (area/city code) Fax (country code) (area/city code) Details of the person(s) to be contacted Surname:
\nForename(s) :
\nPosition (title/grade):
\nTel. (country code) (area/city code) Fax (country code) (area/city code) E-mail (if any):
\nLanguages that may be used for communication: (e) Information regarding the natural person in respect of whom the judgment and, where applicable, the probation decision has been issued Surname:
\nForename(s) :
\nMaiden name, where applicable:
\nAliases, where applicable:
\nSex:
\nNationality:
\nIdentity number or social security number (if any):
\nDate of birth:
\nPlace of birth:
\nLast known addresses/residences (if any): — in the issuing State: — in the executing State: — elsewhere:
\nLanguage(s) understood (if known):
\nIf available, please provide the following information: — Type and number of the identity document(s) of the sentenced person (ID card, passport): — Type and number of the residence permit of the sentenced person in the executing State: (f) Information regarding the Member State to which the judgment and, where applicable, the probation decision, together with the certificate are being forwarded The judgment and, where applicable, the probation decision, together with the certificate are being forwarded to the executing State indicated in point (a) for the following reason: □ the sentenced person has his/her lawful and ordinary residence in the executing State and has returned or wants to return to that State □ the sentenced person has moved or intends to move to the executing State for the following reason(s) (please tick the relevant box): □ the sentenced person has been granted an employment contract in the executing State: □ the sentenced person is a family member of a lawful and ordinary resident person of the executing State: □ the sentenced person intends to follow a study or training in the executing State; □ other reason (please specify): (g) Indications regarding the Judgment and, where applicable, the probation decision The judgment was issued on (date: DD-MM-YYYY):
\nWhere applicable, the probation decision was issued on (date: DD-MM-YYYY):
\nThe judgment became final on (date: DD-MM-YYYY):
\nWhere applicable, the probation decision became final on (date: DD-MM-YYYY):
\nThe execution of the judgment started on (if different from the date on which the judgment became final) (date: DD-MM-YYYY):
\nWhere applicable, the execution of the probation decision started on (if different from the date on which the probation decision became final) (date: DD-MM-YYYY):
\nFile reference of the judgment (if available):
\nWhere applicable, file reference of the probation decision (if available):
\nNature and legal classification of the offence(s) and applicable statutory provisions on the basis of which the judgment was issued:
\nOR □ 3.1 b. the person was not summoned in person but by other means actually received official information of the scheduled date and place of the trial which resulted in the decision, in such a manner that it was unequivocally established that he or she was aware of the scheduled trial, and was informed that a decision may be handed down if he or she does not appear for the trial;
\nOR □ 3.2. being aware of the scheduled trial the person had given a mandate to a legal counsellor, who was either appointed by the person concerned or by the State, to defend him or her at the trial, and was indeed defended by that counsellor at the trial;
\nOR □ 3.3. the person was served with the decision on... (day/month/year) and was expressly informed about the right to a retrial or appeal, in which he or she has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed, and □ the person expressly stated that he or she does not contest this decision, OR □ the person did not request a retrial or appeal within the applicable time frame.
\n2.2. The person was serving a custodial sentence or measure involving deprivation of liberty during the following period (to be filled in only in case of conditional release):
\n2.3. In case of a suspended sentence —duration of the custodial period imposed that was conditionally suspended: —duration of the period of suspension:
\n2.4. If known, length of deprivation of liberty to be served upon —revocation of suspension of the execution of the judgment; —revocation of the decision on conditional release; or —breach of the alternative sanction (if the judgment contains a custodial sentence or measure involving deprivation of liberty to be enforced in case of such a breach): (j) Indications regarding the duration and nature of the probation measure(s) or alternative sanction(s) 1. Total duration of the supervision of the probation measure(s) or alternative sanction(s) :
\nThe text of the judgment and, where applicable, the probation decision is attached to the certificate.
\nSignature of the authority issuing the certificate and/or of its representative to confirm the accuracy of the content of the certificate:
\nName:
\nPosition (title/grade):
\nDate:
\nFile reference (if any): (Where appropriate) Official stamp:
\nANNEX II FORM referred to in Article 17 of Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions REPORT OF A BREACH OF A PROBATION MEASURE OR ALTERNATIVE SANCTION, OR OF ANY OTHER FINDINGS (a) Details of the identity of the person subject to supervision:
\nSurname:
\nForename(s) :
\nMaiden name, where applicable:
\nAliases, where applicable:
\nSex:
\nNationality:
\nIdentity number or social security number (if any):
\nDate of birth:
\nPlace of birth:
\nAddress:
\nLanguage(s) understood (if known): (b) Details of the judgment and, where applicable, the probation decision concerning the suspended sentence, conditional sentence, alternative sanction or conditional release:
\nJudgment issued on:
\nFile reference (if any):
\nWhere applicable, probation decision issued on:
\nFile reference (if any):
\nCourt which issued the judgment Official name:
\nAddress:
\nWhere applicable, authority which issued the probation decision Official name:
\nAddress:
\nCertificate issued on:
\nAuthority which issued the certificate:
\nFile reference (if any): (c) Details of the authority responsible for supervising the probation measure(s) or alternative sanction(s) :
\nOfficial name of the authority:
\nName of the person to be contacted:
\nPosition (title/grade):
\nAddress:
\nTel. (country code) (area code) Fax (country code) (area code) E-mail: (d) Probation measure(s) or alternative sanction(s) :
\nThe person referred to in (a) is in breach of the following obligation(s) or instruction(s) : □ an obligation for the sentenced person to inform a specific authority of any change of residence or working place □ an obligation not to enter certain localities, places or defined areas in the issuing or executing State □ an obligation containing limitations on leaving the territory of the executing State □ instructions relating to behaviour, residence, education and training, leisure activities, or containing limitations on or modalities of carrying out a professional activity □ an obligation to report at specified times to a specific authority □ an obligation to avoid contact with specific persons □ an obligation to avoid contact with specific objects, which have been used or are likely to be used by the sentenced person with a view to committing a criminal offence □ an obligation to compensate financially for the prejudice caused by the offence and/or an obligation to provide proof of compliance with such an obligation □ an obligation to carry out community service □ an obligation to cooperate with a probation officer or with a representative of a social service having responsibilities in respect of sentenced persons □ an obligation to undergo therapeutic treatment or treatment for addiction □ other measures: (e) Description of the breach(es) (place, date and specific circumstances): (f) Other findings (if any) Description of the findings: (g) Details of the person to be contacted if additional information is to be obtained concerning the breach:
\nSurname:
\nForename(s) :
\nAddress:
\nTel. (country code) (area/city code) Fax (country code) (area/city code) E-mail (if any):
\nSignature of the authority issuing the form and/or its representative, to confirm that the contents of the form are correct:
\nName:
\nPosition (title/grade):
\nDate:
\nOfficial stamp (where applicable):
\n1 OJ No. L 337, 16.12.2008, p.102 2 OJ No. L 81, 27.03.2009, p.24 1 OJ C 147, 30.6.2007, p. 1.
\n2 Opinion of 25 October 2007 (not yet published in the Official Journal).
\n3 OJ C 53, 3.3.2005, p. 1.
\n4 OJ L 327, 5.12.2008, p. 27.
\n5 OJ L 76, 22.3.2005, p. 16.
\n6 OJ L 328, 24.11.2006, p. 59 7 OJ L 191, 7.7.1998, p. 4.
\n8 OJ C 316, 27.11.1995, p. 49.
\n1 This certificate must be written in, or translated into, the official language or one of the official languages of the executing Member State, or any other official language of the institutions of the European Union that is accepted by that State.
\n1 The issuing State is not obliged to provide translations of these reports.
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