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Expert Group meeting, Paris, 11. December 2015

Mutual Recognition of Financial Penalties Dr. Christian Johnson Federal Office of Justice Bonn, Germany. Expert Group meeting, Paris, 11. December 2015. Framework Decision 2005/214 on the application of the principle of mutual recognition to financial penalties.

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Expert Group meeting, Paris, 11. December 2015

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  1. Mutual Recognition of Financial PenaltiesDr. Christian JohnsonFederal Office of JusticeBonn, Germany Expert Group meeting, Paris, 11. December 2015

  2. Framework Decision 2005/214 on the application of the principle of mutual recognition to financial penalties • Financial penalties imposed by final decisions • Court or authority other than a court / criminal offences or infringements of the rule of law (administrative offences) • Double criminality: not to be verified in the case of list offences • List offences: „conduct which infringes road traffic regulations, including breaches of regulations pertaining to driving hours and rest periods and regulations on hazardous goods” • 4th indent: “This Framework Decision should also cover financial penalties imposed in respect of road traffic offences” Expert Group meeting, Paris, 11. December 2015

  3. Germany 2011 – 05.11.2015 • incoming cases: 36.394 2011: 2.869 / 2012: 6.103 / 2013: 9.496 / 2014: 9.395 2015 ( - 5 November): 8.531 • outgoing cases: 20.675 2011: 1.802 / 2012: 4.035 / 2013: 4.410 / 2014: 5.596 2015 ( - 5 November): 4.832 Expert Group meeting, Paris, 11.December 2015

  4. Incoming requests (2011-23.11.2015) Expert Group meeting, Paris, 11. December 2015

  5. Road traffic offences (2011-2014 / incoming requests) • Yes: 27.471 • No: 382 Total: 27.853 Expert Group meeting, Paris, 11. December 2015

  6. Outgoing requests (2011-23.11.2015) Expert Group meeting, Paris, 11. December 2015

  7. Road traffic offences (2011-2014 / outgoing requests) • Yes: 8.828 • No: 6.861 • Partial: 154 Total: 15.843 Expert Group meeting, Paris, 11. December 2015

  8. Cases 2011 – 5.11.2015 • incoming: - 1.381.912,71 € - 19.414 cases closed - Rate of successful execution: ~ 60% • outgoing: - 1.330.666,91 € - 10.528 cases closed - Rate of successful execution: ~ 38% Expert Group meeting, Paris, 11. December 2015

  9. Cooperation under FD 2005/214 • Competent authorities: central/decentralised • Translation of certificate • Subsequent communication • Information under Art. 14 / language regime • Voluntary payments Expert Group meeting, Paris, 11. December 2015

  10. Meetings/Activities • Netherlands - Germany: yearly meetings in Leeuwarden and Bonn • Seminars for practitioners from Poland (October 2013) and from the Czech Republic (October 2014) in Berlin • Bilateral contacts with central authorities in Finland, Sweden, Belgium, Romania and England Expert Group meeting, Paris, 11. December 2015

  11. Thank you for your attention! Dr. Christian Johnson 0049 / 228 - 99 410 5300 christian.johnson@bfj.bund.de Expert Group meeting, Paris, 11 December 2015

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