Abstract
Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings is governed by the principle of equivalence. The principle means that the taking account of previous convictions handed down by the court of another Member State is mandatory for a national court before which new criminal proceedings are brought to the extent previous national convictions are taken into account in a purely domestic situation. Questions about the application of the principle of equivalence arise, amongst others, when the penalty imposed in an EU previous judgment must absorb another sanction or be included in it (accumulation/absorption/confusion of punishments). This has been a huge problem in Spain.
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