Financial Penalties (Execution in the European Union)

L.N. 468 of 2010

CRIMINAL CODE

(CAP. 9)

Financial Penalties (Execution in the European Union)

(Amendment) Regulations, 2010

IN exercise of the powers conferred by article 628A of the

Criminal Code, the Minister for Justice and Home Affairs has made

the following regulations:-

The title of these regulations is the Financial Penalties Citation.

(Execution in the European Union) (Amendment) Regulations, 2010,

and these regulations shall be read and construed as one with the

Financial Penalties (Execution in the European Union) Regulations, S.L. 9.14

hereinafter referred to as "the principal regulations".

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

(a)

in the definition "the Arrangement", immediately

after the words "financial penalties" there shall be added the

words "as amended by Council Framework Decision 2009/299/

JHA of 26 February 2009"; and

(b) in the definition "the certificate", for the words

"same form" there shall be substituted the words "same form,

set out in Schedule 3".

In regulation 4 of the principal regulations, for the words Amends

"courts of criminal justice" wherever they occur there shall be regulation

the principal

substituted the words "courts of criminal jurisdiction".

regulations.

In sub-regulation (1) of regulation 16 of the principal Amends

regulations, for the words "a court of criminal justice" there shall be regulation

the principal

regulations.

substituted the words "a court of criminal jurisdiction".

Regulation 18 of the principal regulations shall be Amends

regulation 18 of

amended as follows

the principal

regulations.

(a) for subregulation (1) thereof there shall be

substituted the following

"(1) Upon the issue of a decision under regulation

16, the Attorney General shall append the certificate

provided in Schedule 3 purporting to reproduce details

setting out the information required by the same

certificate."; and

(b) subregulation (2) thereof shall be deleted and

subregulation (3) shall be renumbered as subregulation (2)

thereof.

In sub-regulation (1) of regulation 19 of the principal

regulations, for the words "the courts of criminal justice" there shall

be substituted the words "the courts of criminal jurisdiction".

Schedule 1 to the principal regulations shall be amended as

(a)

immediately after the word "Austria" there shall be

inserted the word "Cyprus";

(b) immediately after the word "France" there shall be

inserted the word "Hungary";

(c)

immediately after the word "Lithuania" there shall

be inserted the words

"Luxembourg

Poland

Portugal"; and

(d) immediately after the word "Spain" there shall be

inserted the words "The Netherlands".

Immediately after Schedule 2 to the principal regulations,

there shall be added the following new schedule

"Schedule 3

(Regulation 2)

CERTIFICATE

referred to in Article 4 of Council Framework Decision 2005/214/

JHA on the application of the principle of mutual recognition to

financial penalties

(a)

* Issuing State: ...................................................................

* Executing State: ...............................................................

(b) The authority which issued the decision imposing the

financial penalty

Official name: .....................................................................

Address: .............................................................................

File reference (.......) ...........................................................

Tel. No: (country code) (area/city code) .............................

Fax No (country code) (area/city code) ...............................

E-mail (when available) ......................................................

Languages in which it is possible to communicate with the

issuing authority .................................................................

Contact details for person(s) to contact to obtain additional

information for the purpose of the enforcement of the

decision or, where applicable, for the purpose of the

transfer to the issuing State of monies obtained from the

enforcement (name, title/grade, tel. No., fax No., and,

when available, E-mail) ......................................................

(c) The authority competent for the enforcement of the

decision imposing the financial penalty in the issuing State

(if the authority is different from the authority under point

(b))

Official name: .....................................................................

Address: ..............................................................................

Tel. No: (country code) (area/city code) .............................

Fax No (country code) (area/city code) ...............................

E-mail (when available) ......................................................

Languages in which it is possible to communicate with the

authority competent for the enforcement ............................

Contact details for person(s) to contact to obtain additional

information for the purpose of the enforcement of the

decision or, where applicable, for the purpose of the

transfer to the issuing State of monies obtained from the

enforcement (name, title/grade, tel. No., fax No., and,

when available, E-mail): .....................................................

(d) Where a central authority has been made responsible for

the administrative transmission of decisions imposing

financial penalties in the issuing State

Name of the central authority: ............................................

Contact person, if applicable (title/grade and name): ..........

Address: ..............................................................................

File reference ......................................................................

Tel. No: (country code) (area/city code) .............................

Fax No: (country code) (area/city code) ..............................

E-mail (when available): .....................................................

(e)

The authority or authorities which may be contacted (in the

case where point (c) and/or (d) has been filled)

Authority mentioned under point (b)

Can be contacted for questions concerning: ........................

Authority mentioned under point (c)

Can be contacted for questions concerning: ........................

Authority mentioned under point (d)

Can be contacted for questions concerning: ........................

(f)

Information regarding the natural or legal person on which

the financial penalty has been imposed

1. In case of a natural person

Name: .................................................................................

Forename(s): ......................................................................

Maiden name, where applicable: ........................................

Aliases, where applicable: ..................................................

Sex: ....................................................................................

Nationality: .........................................................................

Identity number or social security number (when

available): ...........................................................................

Date of birth: ......................................................................

Place of birth: .....................................................................

Last known address: ...........................................................

Language(s) which the person understands (if known)

(a) If the decision is transmitted to the executing State

because the person against whom the decision has

been passed is normally resident, add the following

information

Normal residence in the executing State: .....................

(b) If the decision is transmitted to the executing State

because the person against whom the decision has

been passed has property in the executing State, add

the following information

Description of the property of the person: ...................

Location of the property of the person: ........................

(c) If the decision is transmitted to the executing State

because the person against whom the decision has

been passed has income in the executing State, add the

following information

Description of the source(s) of income of the person

Location of the source(s) of income of the person

2. In case of a legal person

Name: .................................................................................

Form of legal person: ..........................................................

Registration number (if available) (*): ................................

Registered seat (if available) (*): ........................................

Where a decision is transmitted to the executing State because the

legal person against whom the decision has been passed has its

registered seat in that State, Registration number and Registered seat

must be completed.

Address of the legal person: ................................................

(a) If the decision is transmitted to the executing State

because the legal person against whom the decision

has been passed has property in the executing State,

add the following information

Description of the property of the legal person: ...........

Location of the property of the legal person: ...............

(b) If the decision is transmitted to the executing State

because the legal person against whom the decision

has been passed has income in the executing State,

add the following information

Description of the source(s) of income of the legal

person: .........................................................................

Location of the source(s) of income of the legal

person: .........................................................................

(g) The decision imposing a financial penalty

1. The nature of the decision imposing the financial

penalty (tick the relevant box)

(i) Decision of a court of the issuing State in

respect of a criminal offence under the law of

the issuing State.

(ii) Decision of an authority of the issuing State

other than a court in respect of a criminal

offence under the law of the issuing State. It is

confirmed that the person concerned has had

an opportunity to have the case tried by a court

having jurisdiction in particular in criminal

matters.

(iii) Decision of an authority of the issuing State

other than a court in respect of acts which are

punishable under the national law of the

issuing State by virtue of being infringements

of the rules of law. It is confirmed that the

person concerned has had an opportunity to

have the case tried by a court having

jurisdiction in particular in criminal matters.

(iv) Decision of a court having jurisdiction in

particular in criminal matters regarding a

decision as referred to in point (iii).

The decision was made on (date) .................................

The decision became final on (date) ............................

Reference number of the decision (if available): .........

The financial penalty constitutes an obligation to pay

(tick the relevant box(es) and indicate the amount(s)

with indication of currency)

(i) A sum of money on conviction of an offence

imposed in a decision.

Amount: ...........................................................

(ii) Compensation imposed in the same decision

for the benefit of victims, where the victim

may not be a civil party to the proceedings and

the court is acting in its exercise of its criminal

jurisdiction.

Amount: ...........................................................

(iii) A sum of money in respect of the costs of court

or administrative proceedings leading to the

decision.

Amount: ...........................................................

(iv) A sum of money to a public fund or a victim

support organisation, imposed in the same

decision.

Amount: ...........................................................

The total amount of the financial penalty with

indication of currency: ................................................

2. A summary of facts and a description of the

circumstances in which the offence(s) has(have) been

committed, including time and place: ..........................

Nature and legal classification of the offence(s) and

the applicable statutory provision/code on basis of

which the decision was made: .....................................

3. To the extent that the offence(s) identified under point

2 above constitute(s) one or more of the following

offences, confirm that by ticking the relevant box(es)

participation in a criminal organisation;

terrorism;

trafficking in human beings;

sexual exploitation

of

children

and

child

pornography;

illicit trafficking in narcotic

drugs

and

psychotropic substances;

illicit trafficking in weapons, munitions and

explosives;

corruption;

fraud, including that affecting the financial

interests of the European Communities within the

meaning of the Convention of 26 July 1995 on the

protection of the European Communities’

financial interests;

laundering of the proceeds of crime;

counterfeiting currency, including of the euro;

computer-related crime;

environmental crime, including illicit trafficking

in endangered animal species and in endangered

plant species and varieties;

facilitation of unauthorised entry and residence;

murder, grievous bodily injury;

illicit trade in human organs and tissue;

kidnapping, illegal restraint and hostage-taking;

racism and xenophobia;

organised or armed robbery;

illicit trafficking in cultural goods, including

antiques and works of art;

swindling;

racketeering and extortion;

counterfeiting and piracy of products;

forgery of administrative

documents

and

trafficking therein;

forgery of means of payment;

illicit trafficking in hormonal substances and other

growth promoters;

illicit trafficking

in

nuclear

or

radioactive

materials;

trafficking in stolen vehicles;

rape;

arson;

crimes within the jurisdiction of the International

Criminal Court;

unlawful seizure of aircraft/ships;

sabotage;

conduct which infringes road traffic regulations,

including breaches of regulations pertaining to

driving hours and rest periods and regulations on

hazardous goods;

smuggling of goods;

infringements of intellectual property rights;

threats and acts of violence against persons,

including violence during sport events;

criminal damage;

theft;

offences established by the issuing State and

serving the purpose of implementing obligations

arising from instruments adopted under the EC

Treaty or under Title VI of the EU Treaty.

If this box is ticked, indicate the exact provisions

of the instrument adopted on the basis of the EC

Treaty or the EU Treaty that the offence relates to.

4. To the extent that the offence(s) identified under point

2 above are not covered by point 3, give a full

description of the offence(s) concerned: ......................

(h) Status of the decision imposing the financial penalty

1. Confirm that (tick the boxes)

(a) the decision is a final decision

(b) to the knowledge of the authority issuing the

Certificate, a decision against the same person

in respect of the same acts has not been

delivered in the executing State and that no

such decision delivered in any State other than

the issuing State or the executing State has

been executed.

2. Indicate if the case been subject to a written

procedure

(a) No, it has not.

(b) Yes, it has. It is confirmed that the person

concerned was, in accordance with the law of

the issuing State, informed personally or via a

representative competent according to national

law of his right to contest the case and of time

limits of such a legal remedy

3. Indicate if the person concerned appeared in person at

the trial resulting in the decision

1.
Yes, the person appeared in person at the trial

resulting in the decision.

2.
No, the person did not appear in person at the

trial resulting in the decision.

3.

If you have ticked the box under point 2, please

confirm the existence of one of the following

3.1a. the person was summoned in person

on .................... (day/month/year) and

thereby informed of the scheduled

date and place of the trial which

resulted in the decision and was

informed that a decision may be

handed down if he or she does not

appear for the trial;

OR

3.1b. the person was not summoned in

person but by other means actually

received official information of the

scheduled date and place of the trial

which resulted in the decision, in such

a manner that it was unequivocally

established that he or she was aware

of the scheduled trial, and was

informed that a decision may be

handed down if he or she does not

appear for the trial;

OR

3.2.

being aware of the scheduled trial, the

person had given a mandate to a legal

counsellor, who was either appointed

by the person concerned or by the

State, to defend him or her at the trial,

and was indeed defended by that

counsellor at the trial;

OR

3.3.

the person was served with the

decision on .............. day/month/year)

and was expresslyinformed about the

right to a retrial or appeal, in which he

or she has the right to participate and

which allows the merits of the case,

including fresh evidence, to be re-

examined, and which may lead to the

original decision being reversed, and

the person expressly stated that

he or she does not contest this

decision,

OR

the person did not request a

retrial or appeal within the

applicable time frame;

OR

3.4.

the person, having been expressly

informed about the proceedings and

the possibility to appear in person in a

trial, expressly waived his or her right

to an oral hearing and has expressly

indicated that he or she does not

contest the case.

4. If you have ticked the box under points 3.1b,

3.2, 3.3 or 3.4 above, please provide

information about how the relevant condition

has been met: ....................................................

4. Partial payment of the penalty

If any part of the penalty has already been paid to the

issuing State, or, to the knowledge of the authority

issuing the Certificate, to any other State, indicate the

amount which has been paid: .......................................

(i)

Alternative sanctions, including custodial sanctions

1. State whether the issuing State allows for the

application by the executing State of alternative

sanctions in case it is not possible to enforce the

decision imposing a penalty, either totally or in part

yes

no

2. If yes, state which sanctions may be applied (nature of

the sanctions, maximum level of the sanctions)

 Custody. Maximum period: .....................................

 Community service (or equivalent). Maximum

period ..........................................................................

 Other sanctions. Description: ..................................

(j)

Other circumstances relevant to the case (optional

information): .......................................................................

(k) The text of the decision imposing the financial penalty is

attached to the certificate.

Signature of the authority issuing the certificate and/or its

representative certifying the content of the certificate as

accurate: .............................................................................

Name: .................................................................................

Post held (title/grade): ........................................................

Date: ...................................................................................

Official stamp (if available)".

€1.30