S.L. 9.14 · Financial Penalties (Execution In The (S.L. 9.14)
S.L. 9.14 Art. 2Definitions.
In these regulations, unless the context otherwise requires -
"the Arrangement" means the Council Framework Decision
2005/214/JHA of the 24th February, 2005 on the application of the principle of mutual recognition to financial penalties as amended by Council Framework Decision 2009/299/JHA of 26 February 2009;
"the certificate" means the form, as contained in the Annex to the Arrangement, purporting to reproduce details setting out the information required by the same form, set out in Schedule 3; "the Code" means the Criminal Code;
"decision" means a final decision requiring a financial penalty to be paid by a natural or legal person where the decision was made by:
(a) a court of the issuing State in respect of a criminal offence under the law of the issuing State;
(b) an authority of the issuing State other than a court in respect of a criminal offence under the law of the issuing State, provided that the person concerned has had an opportunity to have the case tried by a court having jurisdiction in particular in criminal matters;
(c) an authority of the issuing State other than a court in respect of acts which are punishable under the national law of the issuing State by virtue of being infringements of the rules of law, provided that the person concerned has had an opportunity to have the case tried by a court having jurisdiction in particular in criminal matters;
(d) a court having jurisdiction in particular in criminal matters, where the decision was made regarding a decision as referred to in paragraph (c); "the European Union" means the European Union as referred to in the Treaty; "executing State" means the Member State of the European Union to which a decision has been transmitted for the purpose of enforcement; "financial penalty" means the obligation to pay:
(a) a sum of money on conviction of an offence imposed in a decision;
(b) compensation imposed in the same decision for the benefit of victims even where the victim is not a civil party to the proceedings and the court is acting in the exercise of its criminal jurisdiction;
(c) a sum of money in respect of the costs of court or administrative proceedings leading to the decision;
(d) a sum of money to a public fund or a victim support organization, imposed in the same decision;
"issuing authority" means the authority which issued a decision within the meaning of the Arrangement;
"issuing State" means the Member State of the European Union in which a decision within the meaning of the Arrangement was issued; "offence" means conduct which is punishable under national law by virtue of being an infringement of the rules of law; "scheduled country" means a country listed in Schedule 1;
"scheduled offence" is any offence in the list of offences set out in Schedule 2;
"the Treaty" shall have the same meaning assigned to it by article 2 of the European Union Act.
Änderungsgeschichte
- Amended by L.N. 468 of 2010