Official Journal of the European Union
Request for a preliminary ruling from the Audiencia Nacional (Spain) lodged on 4 March 2022 — Criminal proceedings against Juan
Language of the case: Spanish
Party to the main proceedings
Other party: Ministerio Fiscal
Whether, in the present case, a situation of ‘bis in idem’ for the purposes of Article 50 of the Charter of Fundamental Rights of the European Union (‘the Charter’) and Article 54 of the Convention implementing the Schengen Agreement arises, on the grounds that, according to the scope ascribed to that concept by European case-law, the same acts are involved; or whether it is instead for this court to make the assessment, based on the principles set out in this decision, including the requirement to apply the totality principle and for the sentence to be capped in accordance with proportionality criteria, on the grounds that the case involves a single continuing offence.
If it is concluded that a situation of ‘bis in idem’ does not arise, on the grounds that, in accordance with the criteria put forward in this decision, the facts are not completely identical:
(1) Council Framework Decision 2008/675/JHA 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).
(2) 2002/584/JHA: Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States — Statements made by certain Member States on the adoption of the Framework Decision (OJ 2002 L 190, p. 1).
(3) Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union (OJ 2008 L 327, p. 27).