Abstract

Types of Judicial Control in Pre-Trial Criminal Procedure. Judicial Order/Authorisation and Judicial Review. Mandatory and Optional Judicial Control. Judicial Control Over Investigative and Prosecutorial Functions. Ambiguous Meaning of Judicial. Judicial Control of Investigative Measures. The Judicial Control of Coercive Investigative Measures. Measures at the EPPO's and Subject to Judicial Review. Measures Ordered by the Court. Judicial Control of Evidence Gathering in the Pre-Trial Procedure. Case Law of the ECtHR on the Admissibility of Evidence. Judicial Control of Evidence Gathering by the EPPO. Judicial Control of Prosecutorial Decisions. Types of Judicial Control of Prosecutorial Decisions. Individual Responsibility of a Prosecutor. Judicial Review of the Decision to Commit a Case to Trial. Judicial Control of the Prosecutorial Investigation. Case Law of the ECtHR and ECJ on the Judicial Control of Investigation. Decision to Prosecute. Decision not to Prosecute. Two Opposite Solutions to Judicial Control of Prosecutorial Decisions. Germany: The Function of Prosecution is not Subject to Judicial Control. Austria: The Function of Prosecution is Subject to Judicial Control. Judicial Control of the Prosecutorial Decisions of the EPPO

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