Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
LAWxPERT Anmelden Kostenloses Konto

S.L. 9.19 · sl/9.19 (S.L. 9.19)

S.L. 9.19 Art. 2Definitions. Cap.460.

In KraftAmtlicher Text

In these regulations, unless the context otherwise requires -

"the Arrangement" means the Council Framework Decision 2009/829/JHA of 23rd October, 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention; "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 2; "decision on supervision measures" means an enforceable decision taken in the course of criminal proceedings by a competent authority of the issuing State in accordance with its national law and procedures and imposing on a natural person, as an alternative to provisional detention, one or more supervision measures;

"the European Union" means the European Union as referred to in the Treaty;

"executing State" means the Member State in which supervision measures are monitored;

"issuing State" means the Member State in which a decision on supervision measures has been issued;

"relevant offence" means:

(a) a scheduled offence; or

(b) any other offence liable to the punishment of imprisonment or of detention for a term of more than one year;

"scheduled offence" is any offence in the list of offences set out in Schedule 1;

"supervision measures" means obligations and instructions imposed on a natural person, in accordance with the national law and procedures of the issuing State and includes:

(a) an obligation for the person to inform the competent authority in the executing State of any change of residence, in particular for the purpose of receiving a summons to attend a hearing or a trial in the course of

(c) an obligation to remain at a specified place, where applicable during specified times;

(d) an obligation containing limitations on leaving the territory of the executing State;

(e) an obligation to report at specified times to a specific authority;

(f) an obligation to avoid contact with specific persons in relation with the offence allegedly committed;

(g) an obligation to deposit a certain sum of money or to give another type of guarantee, which may either be provided through a specified number of instalments or entirely at once;

(h) an obligation to undergo therapeutic treatment or treatment for addiction; "the Treaty" shall have the same meaning assigned to it by article 2 of the European Union Act.