Fiches Belges

Yes. Final decision of a court imposing a custodial sentence or any measure imposing deprivation of liberty on a natural person.

In order for the custodial sentence to be enforced and executed in Luxembourg, 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 (implemented by the Law of of 28 February 2011). Nota bene: conditional surrender on the basis of art. 24 Framework Decision 2002/584/JHA of 13 June 2002 on the EAW (implemented by art. 20 of the Law of 17 March 2004) might be requested by the Luxembourg authorities in order for the person subject to a EAW who is a national or resident to execute the custodial sentence in Luxembourg.

General Public Prosecutor

Certificate translated into French, German or English. Translation into those languages of essential parts of the judgement might be requested.

Decision on the recognition and execution within 45 days of receipt. Transfer of the sentenced person takes place within 30 days following the decision to execute.

The issuing authority shall forward the certificate and the judgement or a certified copy of it. The consent of the sentenced person is required, unless one the conditions set forth under art. 6(2) if the FD 2008/909/JHA are met. Grounds for non-execution/recognition provided under article 9 FD 2008/909/JHA apply.