Acumulación de penas impuestas en diferentes Estados de la Unión Europea(Sentencia del Tribunal de Justicia de 21 de septiembre de 2017, asunto C-171/16: Beshkov)

Abstract

This paper analyzes the judgment of the Court of Justice of the European Union, of September 21st 2017 (C-171/16). It examines the incidence of the Council Frame work Decision 2008/675/JHA in the national legislations when proceedings of judicial cumulative penalties (global penalty) are filed and the previous penalty has been imposed in another Member State of the European Union. In particular, it is explained if the concept of a new criminal process established by the Framework Decision also includes the cumulative penalties phase; if this previous condemnatory sentence must be recognized in another Member State where the process of global penalty has been filed; if the defendant i s legitimized to instigate the proceeding; and if the previous penalty and its consequences, imposed in another Member State can be reviewed by the State that will execute the cumulative penalty process. Finally, i t i s outlined the scope of the Spanish Organic Law 7/2014 that transposes the Framework Decision into the Spanish legislation.