26It is true that, according to the case-law of the Court, the common standards and procedures established by Directive 2008/115 would be undermined if, after establishing that a third-country national is staying illegally, the Member State were to preface the implementation of the return decision, or even the adoption of that decision, with a criminal prosecution which could lead to a term of imprisonment during the course of the return procedure, in so far as such a step would risk delaying the removal (see, to that effect, judgments in El Dridi, C‑61/11 PPU, EU:C:2011:268, paragraph 59; Achughbabian, C‑329/11, EU:C:2011:807, paragraphs 37 to 39 and 45; and Sagor, C‑430/11, EU:C:2012:777, paragraph 33).
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