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Case C-396/22: Request for a preliminary ruling from the Kammergericht Berlin (Germany) lodged on 15 June 2022 — Generalstaatsanwaltschaft Berlin
ECLI:EU:UNKNOWN:62022CN0396
62022CN0396
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Valentina R., lawyer
19.9.2022
Official Journal of the European Union
C 359/34
(Case C-396/22)
(2022/C 359/39)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Generalstaatsanwaltschaft Berlin
Questions referred
1.Must proceedings for the subsequent determination of a cumulative sentence still also be considered to fall within the scope of Article 4a(1) of Framework Decision 2002/584/JHA, (1) as amended by Framework Decision 2009/299/JHA, (2) where the decision is taken by way of a judgment following a hearing, but, in that judgment, the finding of guilt cannot be reviewed and the sentence imposed in respect of the individual offence cannot be amended?
2.Is it compatible with the primacy of EU law for the German legislature to have configured the case of conviction in absentia as an absolute impediment to surrender in Paragraph 83(1)(3) of the Gesetz über die internationale Rechtshilfe in Strafsachen (Law on international mutual legal assistance in criminal matters), even though Article 4a(1) of Framework Decision 2002/584/JHA, as amended by Framework Decision 2009/299/JHA, provides only for an optional ground for refusal in that regard?
(1) Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ 2002 L 190, p. 1).
(2) Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial (OJ 2009 L 81, p. 24).