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Image header Agence Europe
Europe Daily Bulletin No. 9954
Contents Publication in full By article 12 / 23
GENERAL NEWS / (eu) eu/jha

Presidency proposes transferring cross-border trials between states

Brussels, 03/08/2009 (Agence Europe) - The Swedish Presidency of the EU has recently proposed reducing duplication of trials involving cross-border crimes. It suggests transferring cases involving the same person from one member state to another in order to avoid overlap. The proposal for a framework decision, which has the backing of 15 other member states, would put in place a procedure for exchanging information and for direct consultation in order to avoid any infringement of the “non bis in idem” rule. Member states would have to designate authorities that would be responsible for promoting contacts between the various administrations. The proposal also suggests moving criminal cases to countries where evidence would be easier to collect. A case could also be transferred if it would improve the prospects of social rehabilitation of the person sentenced. In certain specific cases, the law could be used instead of transferring a suspect to another member state under the European arrest warrant. There is nothing in the text that obliges member states to transfer a case to a court in another country. The legitimate interests of the suspect and the victim would be duly taken into account in applying the transfer procedure. While some member states, such as the United Kingdom and Ireland, are, at the moment, somewhat sceptical about setting up such a procedure, there is a danger for suspects, too, since no common minimum standards on suspects' rights exist in the EU. (B.C./transl.rt)

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