Mutual legal assistance in criminal matters to control (transnational) criminality

Abstract

Mutual legal assistance (MLA) in criminal matters deals with the mechanisms for legal assistance in the gathering of criminal evidence 1 abroad, that is in jurisdictions other than that in which the investigation, prosecution or adjudication has been triggered (investigative or forum jurisdiction). These mechanisms refer not only to processes and timelines, but also to competent authorities and jurisdictional scope (offenses, territories). In civil law countries MLA is mostly defi ned as judicial cooperation in criminal matters. This terminology indicates that MLA is about cooperation between judicial authorities, the authorities that have competence to investigate, prosecute and adjudicate in criminal matters. It does not, in principle, include mutual assistance between administrative authorities, even if they are dealing with administrative enforcement. The competent judicial authorities for dealing with incoming or outgoing MLA requests are as a rule defi ned at national level, in line with the design of the domestic administration of justice. This means that in the UK, for example, competent authorities can be police authorities, while these are excluded in most civil law countries. Competent authorities include authorities competent for criminal investigation and prosecution. Courts can be the competent authority to authorize a coercive measure, and in some domestic regimes courts can also order additional investigative measures, even during trial.