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Case C-583/22: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 7 September 2022 — Criminal proceedings against MV
ECLI:EU:UNKNOWN:62022CN0583
62022CN0583
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EN
Official Journal of the European Union
C 424/32
(Case C-583/22)
(2022/C 424/43)
Language of the case: German
Referring court
Parties to the main proceedings
Other party: Generalbundesanwalt beim Bundesgerichtshof
Questions referred
1.In view of the principle of equal treatment under Article 3(1) of Framework Decision 2008/675/JHA, (1) and against the background of Article 3(5) of that decision, in the case of an actually existing situation of a cumulative sentence involving convictions handed down in Germany and in another EU Member State, can a sentence be imposed for the offence committed in Germany even where a notional inclusion of the sentence imposed in the other EU Member State would mean that the maximum permissible level under German law for a cumulative sentence for non-life custodial sentences is exceeded?
2.If the first question is answered in the affirmative: Must the taking into account of the sentence imposed in the other EU Member State, as provided for under the second sentence of Article 3(5) of Framework Decision 2008/675/JHA, take place in such a way that the disadvantage resulting from the impossibility to form a subsequent cumulative sentence is to be specifically documented and justified in the sentencing for the offence committed in Germany, in accordance with the principles governing the formation of cumulative sentences under German law?
(1) Council Framework Decision of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings (OJ 2008 L 220, p. 32).