Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-09-27-Speech-3-140"

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"en.20060927.17.3-140"2
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". One absolute principle in all modern codes of criminal law is that of according to which criminal penalties may only be applied to something that was punishable as a crime at the time the deed was done. What this means is terms of this framework decision is that a sentence previously handed down in state A may not be taken into account in a new criminal trial in state B if the relevant act was not a punishable offence in B under that state’s own laws. Since this can, ultimately, be determined only by, for example, a judge in state B repeating the whole proceedings from state A complete with the collection of evidence – which would involve such things as re-interviewing witnesses and would be neither desirable nor workable – it must be sufficient that he should have good reason to doubt that the act was punishable. If a judge has such doubts, he should no longer be allowed to take such a previous conviction into account. It is regrettable that this is not expressly stated in this framework decision. I would have tabled an amendment to it, had it not been for the fact that the time available for discussion of amendments in committee ran out, since the deadline for handing them in fell in the summer recess and the vote took place immediately following it without further debate in committee. I find this highly regrettable, since a bit more time would have made it possible for the problem I have described to be avoided."@en1

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