Brussels – Soon, it will be easier for EU member states to transfer criminal proceedings from one capital to another. Not even a year after the unveiling of the EU Commission proposal to combat cross-border crime more effectively, the co-legislators of the EU Parliament and Council reached a provisional understanding late yesterday evening (March 6) on the new law for the transfer of criminal proceedings, with a set of rules for its of application that will avoid “unnecessary parallel proceedings” against the same suspect in different EU member states.
After the green light to the text of the understanding from each co-legislator, the new Regulation will help prevent impunity in cases where the surrender of a person to another member state under a European Arrest Warrant is refused. In the near future, the authorities of a member country will be able to decide to request the transfer of criminal proceedings on the basis of a list of common criteria. These include the fact that the offense (or most of its effects) has been committed on the territory of the member state to which the proceedings are to be transferred, that one or more suspects or defendants are citizens or residents of that member state, and that most of the “relevant” evidence or witnesses are located or reside in that state. In addition, there must be ongoing criminal proceedings for the same fact in the member state that would become responsible, and the country being asked to accept the transfer must inform the country wishing to transfer it of its decision within 60 days of receiving the request (with a maximum extension of 30 days). A country may refuse a transfer if, “under its law”, it is not possible to initiate or pursue criminal proceedings in relations to the facts underlying the transfer request, for example, if the conduct does not constitute a crime.
The Regulations also include obligations regarding the rights of the suspects, accused persons, and victims when deciding on a transfer. Specifically, the country in which the criminal investigation takes place must “give due consideration” to the legitimate interests of the suspect or accused as well as the victim and is obliged to inform of the intention to transfer the proceedings and to provide an opportunity to express an opinion on the matter. Suspects, defendants, and victims will have the right to an effective legal remedy against the decision of a country to accept the transfer of criminal proceedings, exercising it in the country to which the proceeding is transferred: the time limit for seeking a legal remedy of no longer than 15 days from the date of receipt of the decision to accept the transfer of criminal proceedings, with the final decision to be made “without undue delay” within 60 days.
English version by the Translation Service of Withub
