Abstract
The objective is to provide information, guidance and advice to practitioners on the formation of joint investigation teams (JITs). It was developed by the JITs Network - in cooperation with Eurojust, Europol and OLAF - and enhances the previous JITs manual in light of the acquired practical experience. The EU legal framework for setting up JITs between Member States can be found in Article 13 of the 2000 EU Mutual Legal Assistance Convention1 and the 2002 Framework Decision on JITs2. All Member States have implemented one or both of these legal bases, to date. A Correction to this article was published on 07 May 2021. http://ijasos.ocerintjournals.org/en/pub/issue/61260/930184
Highlights
A joint investigation team is an international cooperation tool based on an agreement between competent authorities - both judicial and law enforcement - of two or more States, established for a limited duration and for a specific purpose, to carry out criminal investigations in one or more of the involved States
Information and evidence collected in accordance with the legislation of the State in which the team operates can be shared on the basis of the joint investigation teams (JITs) agreement; and - Seconded members of the team are entitled to be present and to take part – within the limits foreseen by national legislation and/or specified by the JIT leader – in investigative measures conducted outside their State of origin
Whatever format is found preferable, discussion and, if possible, recording practical arrangements concerning JIT operational activities that are not already set out in the JIT agreement are recommended
Summary
A joint investigation team is an international cooperation tool based on an agreement between competent authorities - both judicial (judges, prosecutors, investigative judges...) and law enforcement - of two or more States, established for a limited duration and for a specific purpose, to carry out criminal investigations in one or more of the involved States. Information and evidence collected in accordance with the legislation of the State in which the team operates can be shared on the (sole) basis of the JIT agreement; and - Seconded members of the team (i.e. those originating from a State other than the one in which the JIT operates) are entitled to be present and to take part – within the limits foreseen by national legislation and/or specified by the JIT leader – in investigative measures conducted outside their State of origin For these reasons, JITs constitute a very efficient and effective cooperation tool, which facilitates the coordination of investigations and prosecutions conducted in parallel across several States. For these reasons, practitioners have identified the need to address these practicalities within the team and to agree on specific arrangements. Whatever format is found preferable, discussion and, if possible, recording practical arrangements concerning JIT operational activities that are not already set out in the JIT agreement are recommended
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