As a general rule, the consent of both the sentenced person and the other Member State are required for a prison sentence to be transferred to another EU Member State to be enforced there. However, under an exception, consent is not required if the sentenced person is a national of the other Member State and will be deported there after the execution of the sentence as a result of an expulsion decision issued in the judgment.
In this case, the convicted person had been deported according to a decision in a previous criminal judgment. Both the District Court and the Court of Appeal considered that the circumstances were such that it was sufficient that the expulsion decision was included in the previous judgment.
The Supreme Court states that the exemption from the requirement of consent presupposes that the decision on expulsion has been delivered in the judgment to be sent over for enforcement. The text of the law is clear, and it must be applied according to its wording. It is therefore not sufficient that there is an expulsion decision in another criminal judgment.
Case No: Ä 3500-24
Case name
“Forwarding a custodial sentence”
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