@article{2018:audenaert:unity_of_i,
title = {Unity of Intent Effect on Sentencing: An EU Dimension to ne bis in idem and Proportionality?},
year = {2018},
note = {The European Union aims to develop a well-balanced, mature European
criminal law, where free movement of persons as well as free
movementof judgments is being pursued in order to install a European
Area of Freedom, Security and Justice, and to obtain an effective
cooperation in criminal matters to tackle cross-border crime. This
goal can only be achieved when the Member States of the European Union
have trust in each other’s legal systems (‘mutual trust’). One
of the aspects of this mutual trust is reflected in the so-called
mutual recognition principle, according to which the equivalence of
foreign and national convictions when sentencing is being aspired by
the Member States. This recognition of foreign final criminal
judgments by a national criminal court can be, at least theoretically,
both in advantage and disadvantage of a defendant (I). However, a
closer look on the Belgian legal practice, by way of example, shows
that it apparently is not necessary for Member States to trust each
other in all situations thinkable, for example when several
(cross-border) offences are committed with a premeditated intent (II).
The question arises whether this distrust, even if it is legally
allowed to completely undermine the freedom of movement and the mutual
recognition principle, does not violate some of the fundamental human
rights and freedoms of a defendant as provided for in several European
legal instruments (III).},
journal = {EuCLR European Criminal Law Review},
pages = {39--61},
author = {Audenaert, Nele},
volume = {8},
number = {1}
}