Criminal proceedings against Gueye (X intervening); Criminal proceedings against Salmerón Sánchez (Y intervening) – WLR Daily

Posted October 10th, 2011 in domestic violence, EC law, evidence, injunctions, law reports by sally

Criminal proceedings against Gueye (X intervening); Criminal proceedings against Salmerón Sánchez (Y intervening) (Joined Cases C-483/09 and C-1/10); [2011] WLR (D) 285

“Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings (OJ 2001 L82, p 1) did not prevent member states from making provision in their criminal law for the mandatory imposition of an injunction to stay away for a minimum period on persons who committed crimes of violence within the family. This was so even when the victims of those crimes opposed the application of such a penalty. Member states could also exclude recourse to mediation in all criminal proceedings relating to a particular category of offences committed within the family.”

WLR Daily, 15th September 2011

Source: www.iclr.co.uk