A. whereas the Anti-Homosexuality Bill tabled by private Member David Bahati MP on 25 September 2009 before the Ugandan Parliament foresees the punishment of homosexual acts by imprisonment between seven years and life as well as the death penalty; whereas the Bill foresees the punishment of a failure to disclose a child's or patient's homosexuality by up to three years‘ imprisonment; whereas the Bill is still under consideration ...[+++],

Council Framework Decision 2007/./JHA of . on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union (3) extended the principle of mutual recognition to the enforcement of custodial sentences.

If the administering State adopts the procedure of conversion of the penalty, that State (a) will be bound by the findings as to the facts in so far as they appear explicitly or implicitly in the judgment handed down in the sentencing State; (b) may, unless it has made a declaration to the contrary, convert a custodial penalty into a financial penalty if the penalty is less than or equal to a period of six months; and (c) may not aggravate the penal position of the sentenced person and will not be bound by any minimum penalty which its ow ...[+++]n law may provide for the offence or offences committed (Article 8(5)).

It is applicable to judgments sentencing the convicted person to a custodial penalty or measure, a fine, a confiscation or a disqualification and judgments ruling solely on the question of guilt.

Regarding penalties, it introduces a principle of "aggravating circumstance" by providing that "terrorist offences" and certain offences linked to terrorism must be punishable by custodial sentences heavier than those imposable under national law for such offences in the absence of a terrorist intent, it sets the minimum level of the maximum penalty at 15 years for directing a terrorist group and 8 years for participation in a terrorist group, it enumerates a series of penalties that can be imposed on bodies corporate (in particular exclusion from entitlement to public benefits or aid, temporary or permanent disqualification ...[+++] from the practice of commercial activities, placing under judicial supervision, judicial winding-up order and closure of establishments), it provides for a system of "repentis" by providing for specific circumstances in which Member States may reduce prison sentences where the terrorist renounces terrorist activity or provides the administrative or judicial authorities with information.

These cover offences which are punishable under the law of the requesting Member State by deprivation of liberty or a detention order for a maximum period of at least 12 months and under the law of the requested Member State by deprivation of liberty or a detention order for a maximum period of at least six months.