Brussels: Europe and the Arabs
The Belgian Presidency of the Union and European Parliament negotiators have reached a provisional agreement on a proposed EU law on transfer of proceedings in criminal matters.
The law establishes rules regulating the conditions under which criminal proceedings initiated in one Member State may be transferred to another Member State. The law will be crucial in ensuring that the best state investigates or prosecutes any criminal offense and in preventing unnecessary parallel proceedings (for the same suspect) in different EU Member States. Hence, the law will contribute to combating cross-border crime more effectively. A European statement quoted the representative of the current rotating Belgian presidency of the Union, Paul Van Tigelt, Belgian Deputy Prime Minister and Minister of Justice, as saying, “Effectively combating crime also means that European Union countries cooperate in order to conduct the criminal investigation in the country that is best placed to serve justice. It will be “This law is a big step forward in making that happen.”
According to the statement issued last night, “The rules agreed by the Council and the European Parliament will also improve respect for the fundamental rights of the suspect or accused in the process of transferring criminal proceedings from one country to another.
In addition, the Regulation will help prevent impunity in cases where the extradition of a person to another Member State is refused under a European Arrest Warrant. The rules for transfer of proceedings (to the country where the accused is located) will ensure that the person will still face justice.
Common rules for transfer of proceedings
In the future, the authorities of a country will decide on a request for transfer of procedures (to another Member State) on the basis of a list of common criteria. These criteria include the following: that the crime was committed on the territory of the Member State to which the proceedings are to be transferred or that most of the effects of the crime or a significant part of the damage occurred in that Member State
One or more of the suspects or accused must be citizens or residents of that Member State
The presence of one or more suspects or accused in the Member State to which the proceedings will be transferred
Most of the evidence relevant to the investigation or the majority of relevant witnesses are located/resident in that Member State
That there are ongoing criminal proceedings in relation to the same or other facts against the suspect or accused in the Member State that will become responsible for the proceedings
The State requested to accept the transfer of proceedings must inform the State wishing to transfer such proceedings of its decision - whether to accept or reject the transfer - no later than 60 days after receipt of the request. This period may be extended for a maximum period of 30 days.
A country should refuse transfer of proceedings if it is not possible under its law to institute or pursue criminal proceedings in relation to the facts on which the request for transfer is based. This is the case, for example, if the conduct in respect of which the request is made does not constitute a criminal offense under the law of the requested State.
Rights of the victim and the accused/suspect
The regulation also comes with obligations regarding the rights of suspects and accused as well as victims when deciding on transfer.
The State in which the criminal investigation is taking place and which wishes to transfer the proceedings to another State, for example, must give due regard to the legitimate interests of the suspect or accused as well as the victim. The new law also stipulates that the accused or suspect and the victim must be informed of the intention to transfer the proceedings and must be given the opportunity to provide an opinion about this transfer. Furthermore, they are informed during other relevant stages of the procedure.
The right to an effective legal remedy
Suspects, accused and victims will have the right to an effective legal remedy against a State's decision to accept the transfer of criminal proceedings. They will be able to exercise this right in the country to which the criminal proceedings are transferred.
There will be a time limit for seeking legal relief of no more than 15 days from the date of receipt of the decision to accept the transfer of criminal proceedings. A final decision on a legal remedy must be made without undue delay and, where possible, within 60 days. Regarding the next step, the statement explained, “The interim agreement will now be submitted to representatives of member states within the Council (Coreper) and to the Parliament’s Justice Committee for approval. If it is approved and after review by linguistic lawyers, the text will then need to be officially approved by both institutions.” , before its publication in the Official Journal of the European Union and its entry into force. The regulation will begin to be implemented two years after its entry into force. It is noteworthy that with the expansion of cross-border crime, criminal justice in the European Union has increasingly faced situations where several member states have jurisdiction to prosecute the same case. This applies in particular to crimes committed by organized criminal groups. The rules on the transfer of criminal proceedings help to clarify which Member State will be in a better position to conduct criminal proceedings. They also play an essential role in respecting the fundamental rights of accused persons. There is currently no specific Union instrument The European Union regulates the transfer of proceedings. Instead, member states must rely on the European Convention on Mutual Assistance in Criminal Matters of 1959.