(1a)

(1b)

(4)

It is therefore necessary to provide clear and common solutions which define the grounds for refusal and the discretion left to the executing authority.

(4)

It is therefore necessary to provide clear and common solutions which define the grounds for refusal of the execution of a decision rendered following a trial at which the person concerned did not appear in person and the discretion left to the executing authority. The purpose of this Framework Decision is to define such common grounds in order to allow the executing authority to execute a decision despite the absence of the person concerned at the trial. It is not designed to regulate the applicable forms and methods, or the procedural requirements, that are used to achieve the results specified in this Framework Decision, which are a matter for the national law of the Member States. By completing the relevant section of the European arrest warrant or of the relevant certificate under the other Framework Decisions, the issuing authority gives an assurance that the requirements have been or will be met, which should be sufficient for the purposes of the execution of a decision on the basis of the principle of mutual recognition.

(6)

Common solutions on grounds for refusal in the relevant existing Framework Decisions should take into account the diversity of situations with regard to informing the accused person of his right to a retrial .

(6)

Common solutions on grounds for non-recognition in the relevant existing Framework Decisions should take into account the diversity of situations with regard to the right of the person concerned to a retrial or to an appeal. Such a retrial, which aims to safeguard the rights of the defence, is characterised by the following elements: the person concerned has the right to participate in the retrial; the merits of the case, including fresh evidence, will be (re)examined, and the proceedings may lead to the original decision being quashed.

(6a)

(6b)

(7a)

1)

4.     For the purpose of this Framework Decision, ‘decision rendered in absentia’ shall mean a custodial sentence or a detention order when the person did not personally appear in the proceedings resulting in that decision.

(a)

was summoned in person or informed in accordance with the national law of the issuing Member State through a competent representative and in due time , of the scheduled date and place of the hearing which led to the decision rendered in absentia and informed about the fact that such a decision may be handed down in case the person does not appear for the trial;

(a)

in due time, and in a language which he or she understood ,

(i)

either was directly summoned in person or by other means actually received official information about the scheduled date and place of that trial in such a manner that it was unequivocally established that he or she was aware of the trial,

and

(ii)

was personally informed that the decision may be handed down if he or she did not appear at the trial;

(aa)

(b)

after being served with the decision rendered in absentia and being expressly informed about the right to a retrial and to be present at that trial :

(b)

after being personally served with the decision and being expressly informed , in a language which he or she understood, about the right to a retrial or to an appeal  (1), in which he or she would have the right to participate, at which the merits of the case, including fresh evidence, would be (re)examined and which could lead to the original decision being quashed :

(i)

expressly stated that he or she does not contest the decision rendered in absentia ;

(i)

expressly stated that he or she did not contest the decision;

(ii)

did not request a retrial in the applicable timeframe which was of at least […] days ;

(ii)

did not request a retrial or an appeal in the applicable timeframe , which shall be a minimum of 10 days and a maximum of 15 days.

(c)

was not personally served with the decision rendered in absentia but:

(c)

was not personally served with the decision but:

(i)

will be served with it at the latest on the fifth day after the surrender and will be expressly informed about the right to a retrial and to be present at that trial ;

(i)

will be personally served with it immediately and in any event not later than three days after the surrender and will be expressly informed in a language which he or she understands about the right to a retrial or an appeal , in which he or she will have the right to participate, which will allow the merits of the case, including fresh evidence, to be (re)examined and which may lead to the original decision being quashed ;

(ii)

will have at least […] days to request a retrial.

(ii)

will be informed about the timeframe, which shall be a minimum of 10 days and a maximum of 15 days, within which he or she must request such a retrial or appeal ;

(d)

Indicate if the decision was rendered in absentia :

(d)

Indicate if the person appeared in person at the trial resulting in the decision :

1.

  No, it was not

1.

  Yes, the person appeared in person at the trial resulting in the decision.

2.

  Yes, it was. If you have answered yes, please confirm that:

2.

  No, the person did not appear in person at the trial resulting in the decision.

If you answered ‘no’ to this question, please indicate if:

2.1.

the person was summoned in person or informed in accordance with the national law of the issuing Member State through a competent representative and in due time , of the scheduled date and place of the hearing which led to the decision rendered in absentia and informed about the fact that such a decision may be handed down in case the person does not appear for the trial

2.1.

the person was directly summoned in person or by other means actually received official information in due time, in a language which he /she understood, in accordance with the national law of the issuing Member State, about the scheduled date and place of the trial which led to the decision in such a manner that it was unequivocally established that the person concerned was aware of the scheduled date and place of the trial and was personally informed that a decision may be handed down if he or she did not appear at the trial

2.1a.

Provide information on how this condition was met:

…

2.2.

the person, after being served with the decision rendered in absentia , expressly stated that he or she does not contest the decision rendered in absentia

2.2.

the person, after being personally served with the decision and being expressly informed, in a language which he or she understood, about the right to a retrial or to an appeal, in which he or she would have the right to participate, at which the merits of the case, including fresh evidence, would be (re)examined and which could lead to the original decision being quashed, expressly stated that he or she did not contest the decision

—

the person was expressly informed about the right to a retrial and to be present at that trial; and

—

the person was expressly informed, in a language which he or she understood , about the right to a retrial or an appeal , in which he or she would have the right to participate, at which the merits of the case, including fresh evidence, would be (re)examined and which could lead to the original decision being quashed, and



2.3.2. the person was not served with the decision rendered in absentia, and



2.3.2. the person was not served with the decision and

—

the person will be served with the decision rendered in absentia within … days after the surrender; and

—

the person will be personally served with the decision within … days after the surrender; and

—

when served with the decision rendered in absentia , the person will be expressly informed about the right to a retrial and to be present at that trial ; and

—

when served with the decision, the person will be expressly informed, in a language which he or she understands, about the right to a retrial or an appeal, in which he or she will have the right to participate, which will allow the merits of the case, including fresh evidence, to be (re)examined and which may lead to the original decision being quashed ; and

—

after being served with the decision rendered in absentia , the person will have … days to request a retrial.

—

after being served with the decision, the person will have … days to request a retrial or an appeal .



1)

(i)

according to the certificate provided for in Article 4, the decision was rendered in absentia , unless the certificate states that the person:

(i)

according to the certificate provided for in Article 4, the decision was rendered following a trial at which the person concerned did not appear in person , unless the certificate states that the person , in accordance with the national law of the issuing State :

(i)

in due time, and in a language which he or she understood ,

(i)

was summoned in person or informed in accordance with the national law of the issuing State through a competent representative and in due time, of the scheduled date and place of the hearing which led to the decision rendered in absentia

(a)

either was directly summoned in person or by other means actually received official information about the scheduled date and place of that trial in such a manner that it was unequivocally established that he or she was aware of the trial,

(b)

was personally informed that the decision may be handed down if he or she did not appear at the trial;

(ia)

(ii)

(iii)

after being served with the decision rendered in absentia and being expressly informed about the right to a retrial and to be present at that trial :

(iii)

after being personally served with the decision and being expressly informed, in a language which he or she understood , about the right to a retrial or to an appeal , in which he or she would have the right to participate, at which the merits of the case, including fresh evidence, would be (re)examined and which could lead to the original decision being quashed :

—

expressly stated that he or she does not contest the decision rendered in absentia ;

—

expressly stated that he or she did not contest the decision;

—

did not request a retrial in the applicable timeframe which was of at least […] days ;

—

did not request a retrial or an appeal in the applicable timeframe , which shall be a minimum of 10 days and a maximum of 15 days ;

(ia)

3.

Indicate if the decision was rendered in absentia :

3.

Indicate if the person appeared in person at the trial which led to the decision :

1.

  No, it was not

1.

  Yes, the person appeared in person at the trial which led to the decision.

2.

  Yes, it was. If you have answered yes, please confirm that:

2.

  No, the person did not appear in person at the trial which led to the decision.

2.1.

the person was summoned in person or informed in accordance with the national law of the issuing Member State through a competent representative and in due time, of the scheduled date and place of the hearing which led to the decision rendered in absentia and informed about the fact that such a decision may be handed down in case the person does not appear for the trial

2.1.

the person was directly summoned in person or by other means actually received, in accordance with the national law of the issuing State, official information in due time and in a language which he or she understood, about the scheduled date and place of the trial which led to the decision in such a manner that it was unequivocally established that the person concerned was aware of the scheduled date and place of the trial and was personally informed that such a decision may be handed down if he or she did not appear at the trial

2.1a.

Provide information on how this condition was met :

…

OR

2.2.

the person, before or after being served with the decision rendered in absentia , expressly stated that he or she does not contest the decision rendered in absentia .

2.2.

the person, before or after being personally served with the decision and being expressly informed, in a language which he or she understood, of the right to a retrial or to an appeal, in which he or she would have the right to participate, at which the merits of the case, including fresh evidence, would be (re)examined and which could lead to the original decision being quashed, expressly stated that he or she did not contest the decision.



2.3. the person was served with the decision rendered in absentia on … (day/month/year) and was entitled to a retrial in the issuing State under the following conditions:



2.3. the person was personally served with the decision following a trial at which he or she did not appear in person on … (day/month/year) and was entitled to a retrial or to an appeal in the issuing State under the following conditions:

—

the person was expressly informed about the right to a retrial and to be present at that trial ; and

—

the person was expressly informed, in a language which he or she understood , of the right to a retrial or to an appeal , in which he or she would have the right to participate, at which the merits of the case, including fresh evidence, would be (re)examined and which could lead to the original decision being quashed, and

—

after being informed of this right, the person had … days to request a retrial and he or she did not request it during this period.

—

after being informed of this right, the person had … days to request a retrial or an appeal and he or she did not request it during that period.

2.3a.

Describe when and how the person waived the right to an oral hearing and indicated that he or she did not contest the case:

…

(1)

(e)

according to the certificate provided for in Article 4(2), the decision was rendered in absentia , unless the certificate states that the person:

(e)

according to the certificate provided for in Article 4(2), the decision was rendered following a trial at which the person concerned did not appear in person , unless the certificate states that the person, in accordance with the national law of the issuing State :

(i)

in due time, and in a language which he or she understood ,

(i)

was summoned in person or informed in accordance with the national law of the issuing State through a competent representative and in due time, of the scheduled date and place of the hearing which led to the confiscation order rendered in absentia

(a)

either was directly summoned in person or by other means actually received official information about the scheduled date and place of that trial in such a manner that it was unequivocally established that he or she was aware of the trial,

(b)

was personally informed that a confiscation order may be handed down if he or she did not appear at the trial;

(ia)

or

(ii)

after being served with the confiscation order rendered in absentia and being expressly informed about the right to a retrial and to be present at that trial :

(ii)

after being personally served with the confiscation order and being expressly informed, in a language which he or she understood , of the right to a retrial or to an appeal , in which he or she would have the right to participate, at which the merits of the case, including fresh evidence, would be (re)examined and which could lead to the original decision being quashed :

—

expressly stated that he or she does not contest the confiscation order;

—

expressly stated that he or she did not contest the confiscation order;

—

did not request a retrial in the applicable timeframe which was of at least […] days ;

—

did not request a retrial or an appeal in the applicable timeframe , which shall be a minimum of 10 days and a maximum of 15 days.

(j)

Indicate if the decision was rendered in absentia :

(j)

Indicate if the person appeared in person at the trial which led to the confiscation order :

1.

1.

2.

2.

2.1.

the person was summoned in person or informed in accordance with the national law of the issuing Member State through a competent representative and in due time , of the scheduled date and place of the hearing which led to the decision rendered in absentia and informed about the fact that such a decision may be handed down in case the person does not appear for the trial

2.1.

the person was directly summoned in person or by other means actually received official information in due time, in accordance with the national law of the issuing State and in a language which he or she understood , about the scheduled date and place of the trial which led to the confiscation order, in such a manner that it was unequivocally established that the person concerned was aware of the scheduled date and place of the trial and was personally informed that such a decision may be handed down if he or she did not appear at the trial

2.1a.

Provide information on how this condition was met:

…

OR

2.2.

the person, after being served with the decision rendered in absentia , expressly stated that he or she does not contest the decision rendered in absentia .

2.2.

the person, after being personally served with the confiscation order and being expressly informed, in a language which he or she understood, about the right to a retrial or to an appeal, in which he or she would have the right to participate, at which the merits of the case, including fresh evidence, would be (re)examined and which could lead to the original decision being quashed , expressly stated that he or she did not contest the order.



2.3. the person was served with the decision rendered in absentia on … (day/month/year) and was entitled to a retrial in the issuing State under the following conditions:



2.3. the person was personally served with the confiscation order on … (day/month/year) and was entitled to a retrial or an appeal in the issuing State under the following conditions:

—

the person was expressly informed about the right to a retrial and to be present at that trial ; and

—

the person was expressly informed , in a language which he or she understood , about the right to a retrial or to an appeal , in which he or she would have the right to participate, at which the merits of the case, including fresh evidence, would be (re)examined and which could lead to the original decision being quashed, and

—

after being informed of this right, the person had … days to request a retrial and he or she did not request it during this period.

—

after being informed of that right, the person had … days to request a retrial or an appeal and he or she did not request it during that period.

(1)

(f)

according to the certificate provided for in Article 4, the decision was rendered in absentia , unless the certificate states that the person:

(f)

according to the certificate provided for in Article [4], the decision was rendered following a trial at which the person concerned did not appear in person , unless the certificate states that the person , in accordance with the national law of the issuing State :

(i)

in due time, and in a language which he or she understood ,

(i)

was summoned in person or informed in accordance with the national law of the issuing State through a competent representative and in due time, of the scheduled date and place of the hearing which led to the decision rendered in absentia

(a)

either was directly summoned in person or by other means actually received official information about the scheduled date and place of that trial in such a manner that it was unequivocally established that he or she was aware of the trial,

(b)

was personally informed that a decision may be handed down if he or she did not appear at the trial;

(ia)

or

(ii)

after being served with the decision rendered in absentia and being expressly informed about the right to a retrial and to be present at that trial :

(ii)

after being personally served with the decision and being expressly informed, in a language which he or she understood , about the right to a retrial or to an appeal , in which he or she would have the right to participate, at which the merits of the case, including fresh evidence, would be (re)examined and which could lead to the original decision being quashed :

—

expressly stated that he or she does not contest the decision rendered in absentia ;

—

expressly stated that he or she did not contest the decision;

—

did not request a retrial in the applicable timeframe which was of at least […] days ;

—

did not request a retrial or an appeal in the applicable timeframe , which shall be a minimum of 10 days and a maximum of 15 days.

1.

Indicate if the decision was rendered in absentia :

1.

Indicate if the person appeared in person at the trial which led to the decision :

a.

a.

b.

b.



b.1. the person was summoned in person or informed in accordance with the national law of the issuing Member State through a competent representative and in due time , of the scheduled date and place of the hearing which led to the decision rendered in absentia and informed about the fact that such a decision may be handed down in case the person does not appear for the trial



b.1. the person was directly summoned in person or by other means actually received official information in due time and in a language which he or she understood, in accordance with the national law of the issuing State, about the scheduled date and place of the trial which led to the decision in such a manner that it was unequivocally established that the person concerned was aware of the scheduled date and place of the trial and was personally informed that a decision may be handed down if he or she did not appear at the trial



Provide information on how this condition was met:

…

OR



b.2. the person, after being served with the decision rendered in absentia , expressly stated that he or she does not contest the decision rendered in absentia .



b.2. the person, after being personally served with the decision and being expressly informed, in a language which he or she understood, about the right to a retrial or to an appeal, in which he or she would have the right to participate, at which the merits of the case, including fresh evidence, would be (re)examined and which could lead to the original decision being quashed , expressly stated that he or she did not contest the decision.



b.3. the person was served with the decision rendered in absentia on … (day/month/year) and was entitled to a retrial in the issuing State under the following conditions:



b.3. the person was personally served with the decision following a trial at which the person concerned did not appear in person on … (day/month/year) and was entitled to a retrial or to an appeal in the issuing State under the following conditions:

—

the person was expressly informed about the right to a retrial and to be present at that trial ; and

—

the person was expressly informed, in a language which he or she understood , about the right to a retrial or to an appeal , in which he or she would have the right to participate, at which the merits of the case, including fresh evidence, would be (re)examined and which could lead to the original decision being quashed, and

—

after being informed of this right, the person had … days to request a retrial and he or she did not request it during this period.

—

after being informed of that right, the person had … days to request a retrial or an appeal and he or she did not make such a request during that period.

1)

in Article [9(1)], point [h] shall be replaced by the following:

2)

In box [(i)] of the Annex (‘Certificate’), point [1] shall be replaced by the following: