Person convicted in absence. Optional ground for denial of enforcement of the European arrest mandate issued for serving a punishment

DREPT PENAL ŞI DREPT PROCESUAL PENAL

Abstract

The standard of protection set by Framework Decision 2002/584/JAI in the matter of enforcement of the European warrant of arrest based on a conviction decision rendered in absence is high and orders that, unless other situations than those provided by Art. 4a are applicable, i. e. the summoning and notification of the person requested were personal in the procedural stage in which the conviction was ruled and it is not sufficient that the person requested be aware of the existence of the criminal investigation.