Abstract

The contribution deals with the insight on the European investigation order, as a tool of mutual judicial assistance in criminal matters. With the purpose to show that the criticised, so called Brussels bureaucracy very often just reacts on the propositions of the member states. A good example of this is given in the presented article. It shows the result of a conducted CEPOL survey and connects it with the short presentation of this tool.

Highlights

  • In October 2017, CEPOL approached CNUs in 26 Member States[2] to provide direct contact points in law enforcement agencies of their respective countries; 21 MS responded this initiative

  • The contribution deals with the insight on the European investigation order, as a tool of mutual judicial assistance in criminal matters

  • The questionnaire was sent to these nominated contact points

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Summary

General Overview

In October 2017, CEPOL approached CNUs in 26 Member States[2] to provide direct contact points in law enforcement agencies (dealing with the subject of the OTNA) of their respective countries; 21 MS responded this initiative. Where it would not undermine the need to ensure confidentiality of an investigation the issuing authority and the executing authority shall take the appropriate measures to ensure that information is provided about the possibilities under the national law for seeking the legal remedies when these become applicable and in due time to ensure that they can be exercised effectively. Without prejudice to national procedural rules, Member States shall ensure that in criminal proceedings in the issuing State, the rights of the defence and the fairness of the proceedings are respected when assessing evidence obtained through the EIO

Investigative Measures According to the European Investigation Order
Hearing by videoconference or other audiovisual transmission
Hearing by telephone conference
Information on banks and other financial accounts
Information on banking and other financial operations
Covert investigations
Interception of telecommunications
Findings
Conclusion
Full Text
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