Activities of Evin INCIR related to 2023/0093(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the transfer of proceedings in criminal matters
Amendments (12)
Amendment 35 #
Proposal for a regulation
Recital 7
Recital 7
(7) This Regulation should apply to all requests issued within the framework of criminal proceedings. Criminal proceedings is an autonomous concept of Union law interpreted by the Court of Justice of the European Union, notwithstanding the case law of the European Court of Human Rights, starting from the time when persons are informed by the competent authorities of a Member State that they are suspected or accused of having committed a criminal offence until the conclusion of those proceedings, to be understood as the final determination of the question whether the suspect or accused person has committed the criminal offence, including, where applicable, sentencing and the resolution of any appeal.
Amendment 43 #
Proposal for a regulation
Recital 25
Recital 25
(25) Where the suspect or accused person is a national of the requested State or a resident in that State, a transfer of criminal proceedings might be justified for the purpose of ensuring the right of the suspect or accused person to be present at trial, in accordance with Directive (EU) 2016/343. Similarly, where the majorityvictim ofr victims are nationals or residents in the requested State, a transfer can be justified to allow victims to easily participate in the criminal proceedings and to be effectively examined as witnesses during the proceedings. In cases where the surrender of a suspect or accused person for whom a European Arrest Warrant was issued is refused in the requested State on the grounds specified in this Regulation, a transfer may also be justified when that person is present in the requested State while not being a national of or a resident in that State.
Amendment 48 #
Proposal for a regulation
Recital 30
Recital 30
(30) The requesting authority should inform as soon as possible the suspect or accused person of the intended transfer and should provide for the possibility for such person to express their opinion orally or in writing, in accordance with applicable national law, to enable the authorities to take into account their legitimate interests before issuing a request for transfer. When assessing the legitimate interest of the suspect or accused person to be informed about the intended transfer, the requesting authority should take into account the need to ensure confidentiality of an investigation and the risk of prejudicing criminal proceedings against that person, e.g. whenever it is necessary to safeguard an important public interest, such as in cases where such information could prejudice ongoing covert investigations or seriously harm the national security of the Member State in which the criminal proceedings are instituted. Where the requesting authority cannot locate the suspect or accused person despite its reasonable efforts being made, the requesting authority may seek the assistance of the requested authority in carrying out this task. Where the requesting authority cannot locate the suspect or accused person despite its reasonable efforts being made, the obligation to inform such person should apply from the moment these circumstances change.
Amendment 50 #
Proposal for a regulation
Recital 31
Recital 31
(31) The rights of victims set out in Directive 2012/29/EU of the European Parliament and of the Council63 should be taken into account in applying this Regulation. In exceptional cases, for example due to the high number of victims involved in a case, where it is difficult to inform and consult certain victims on the intention to issue a request for transfer of proceedings, it should be possible to provide information to the victims through the press, through an official website of the competent authority or through a similar communication channel, as set out in Directive 2012/29/EU. This Regulation should not be interpreted as preventing Member States from granting victims more extensive rights under national law than those laid down in Union law. _________________ 63 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57).
Amendment 65 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply in all cases of transfer of criminal proceedings in the Union from the time where a person has been identified as a suspectthat are being conducted in Member States of the Union.
Amendment 82 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The suspect or accused person, or the majority ofone or more victims, or a lawyer on their behalf, may also request the competent authorities of the requesting State or of the requested State to initiate a procedure for transferring criminal proceedings under this Regulation. Requests made under this paragraph shall not create an obligation for the requesting or the requested State to request or transfer criminal proceedings to the requested State.
Amendment 86 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Provided that it would not undermine the confidentiality of an investigation, the suspect or accused person shall, where appropriate, in accordance with applicable national law, be informed of the intended transfer of criminal proceedings, in a language which they understand, and shall be given an opportunity to state their opinion orally or in writing, unless that person cannot be located despite reasonable efforts being made by the requesting authority. Where the requesting authority considers it necessary in view of the suspect’s or accused person’s age or their physical or mental condition, the opportunity to state their opinion shall be given to their legal representative. Where the request for transfer of criminal proceedings follows a request from the suspect or accused person under Article 5(3), such a consultation with the suspect or accused person who made the request is not required.
Amendment 96 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Provided that it would not undermine the confidentiality of an investigation, and where the victim resides in the requesting State, they shall, where appropriate, in accordance with applicable national law, be informed of the intended transfer of criminal proceedings, in a language which they understand, and shall be given an opportunity to state their opinion orally or in writing. Where the requesting authority considers it necessary in view of the victim’s age or his or her physical or mental condition, that opportunity shall be given to victim’s legal representative.
Amendment 112 #
Proposal for a regulation
Article 9 – paragraph 7 a (new)
Article 9 – paragraph 7 a (new)
7 a. The requested authority shall as soon as possible acknowledge the receipt of the request.
Amendment 125 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. the alleged offence is not an offence at the place where it was committed and the requested state has no jurisdiction according to its national law to prosecute the offence.
Amendment 128 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The requested authority shall communicate to the requesting authority its decision whether to accept the transfer of criminal proceedings without delay and in any case no later than 630 days, and in urgent cases no later than 7 days, after the receipt of the request for transfer of criminal proceedings by the competent requested authority.
Amendment 132 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where in a specific case the requested authority cannot meet the time limit set out in paragraph 1, it shall immediately inform the requesting authority thereof, giving reasons for the delay. In such a case, the time limit set out in paragraph 1 may be extended by a maximum of 3015 days.