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European Cooperation in Criminal Matters

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by

Els De Busser

on 15 October 2014

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Transcript of European Cooperation in Criminal Matters

assistance
judicial (police) authorities
in another state
criminal investigation or prosecution
or execution of a criminal sentence
conventions and agreements
human rights
MLA Instruments
Regional Instruments
1959 MLA Convention
2000 Transnational Organised Crime Convention
Bilateral agreements
1997 Belgium - Morocco
2001 France - US
2008 UK - Libya
1962 Benelux Treaty
1962 Nordic Cooperation Agreement
1990 Schengen Agreement
1990 Schengen Implementation Convention
2000 MLA Convention
2001 Protocol to MLA Convention
50 ratifications
mother convention
scope
all criminal offences within jurisdiction of requesting state
1978 1st Protocol
to MLA Convention
43 ratifications
following problems
with MLA Convention
ground for refusal
fiscal offences removed
2001 2nd Protocol
to MLA Convention
33 ratifications
following problems with
MLA Convention and 1st Protocol
scope
extended to:
"administrative" proceedings
legal persons
+ 5 new MLA measures copied from EU MLA Convention
Title III, Chapter 2 = MLA
supplements CoE MLA
Convention
grounds for refusal
political or fiscal offence
prejudice sovereignty, security, ordre public or other essential interests
procedure
contact = Ministry of Justice
translation -> declarations
applicable law
requested state
scope
extended
scope
"administrative" proceedings
tax offences
applicable law
requested state
procedure
direct contact!
translation required for the essence
grounds for refusal
threshold for tax offences
supplements CoE + SIC
repeals SIC provisions
Not in force for Croatia, Greece, Italy, Ireland
scope
"administrative" proceedings
legal persons
NEW MLA measures
applicable law
shift to requesting state!
unless contrary to fundamental principles of law
admissibility of evidence
procedure
direct contact
procedural docs by post
translation required for important passages
grounds for refusal
no refusal for not providing in videoconference
supplements 2000 MLA Convention
Not in force for Croatia, Estonia,
Greece, Italy, Ireland
scope
extended to info on bank accounts
& transactions
grounds for refusal
no refusal for banking secrecy,
fiscal offences and political offences
Art. 18 on MLA
ratified by 179 states
+ 3 protocols
procedure
central authority, diplomats or Interpol
translation: see declarations
applicable law
requested state
grounds for refusal
request not in conformity with TOC
prejudice sovereignty, security, ordre public or other essential interests
prohibition in requested state to carry out action
granting request contrary to requested state's MLA laws
special forms of MLA
hearing by video or telephone conference
controlled deliveries
Joint Investigation Teams (JITs)
when presence is not possible or desirable
restricted refusal
conducted by requesting state
presence of requested state
= cross border surveillance with postponed interference
possibly including +2 states
1988 UN Convention against illicit traffic in narcotic drugs and psychotropic substances, art. 11
EU Framework Decision -> 9/11 effect
JIT =
cooperation between police and judicial authorities
states linked to int. criminal investigation
for limited time and specific purpose (agreement)
changing team leadership
facilitates MLA
human rights
and many more ...
What is cooperation in criminal matters?
mutual legal assistance
mutual recognition
extradition/surrender
information exchange
hearing witnesses
transfer of proceedings
transfer of sentences
cross-border hot pursuit
traditional
relatively new
request
order/warrant
yes/no/certain conditions
"blind" recognition
requesting-requested state
issuing-executing state
sometimes dual criminality
no dual criminality
availability
new
direct and
automated
access
law enforcement authorities
DNA
fingerprints
vehicle registration data
major events
prevention terrorism
cross-border police cooperation
vertical
cooperation
extraterritorial cooperation
exceptions
proportionality
human rights
consequences
How to cooperate in criminal matters?
Forms
of
cooperation

assistance
information exchange
data protection
evidence
facilitation of prosecution
interests of 3rd parties
skills and expertise
liaisons
supervision
transfer of
proceedings

conflicts of jurisdiction
ne bis in idem
best place for prosecution
Extradition
EAW

transfer of
execution of
sentences

supervision of
probation
Full transcript