Fiches Belges

Yes. Decision requiring a financial penalty to be paid by a natural or legal person where the decision was made by a court in respect of a criminal offence or by an authority 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.

Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties (implemented by Loi modifiée du 23 février 2010 relative à l'application du principe de reconnaissance mutuelle aux sanctions pécuniaires).

The General Prosecutor has competence for recognising and executing the measure.

Certificate translated into French, German or English.

N/A

Mandatory grounds for non-recognition and non-execution: ne bis in idem – the convicted person was a minor under the age of 16 where the offence was committed – the amount of the financial penalty is below 70 euros – certificate as per art. 4 FD not produced - the execution of the decision is statute-barred and the decision relates to acts which fall within the jurisdiction of Luxembourg authorities – immunity under Luxembourg law – the sentenced person did not appear for trial, unless the conditions set forth under art. 7 (2) (i) FD are met. Other grounds for non-recognition/execution provided under article 7 FD are optional under national law.