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The establishment of the area of freedom, security and justice has undeniably led to an increase in people becoming involved not only in criminal proceedings in a Member State other than that of their residence, but, even more so, in criminal proceedings that involve investigative and/or prosecutorial acts in multiple Member States. These so-called “multi-Member State criminal proceedings” have sparked awareness of the need to take measures to ensure adequate procedural rights in such situations. Without a doubt, criminal proceedings spread over multiple Member States run the risk of jeopardizing those procedural rights. It explains the origin of the current…

Introduction The problem of cooperation in gathering and sharing evidence between the EU Member States is not new and has been discussed widely during the last decade.1 The discussion touched upon the question of gathering evidence as well as the problem of admissibility of evidence gathered abroad. The aim of this paper is to shortly analyze the first aspect and to make some proposals for improving the cooperation. Present Situation The system of gathering evidence among EU Member States is still based on the Council of Europe Convention on mutual assistance in criminal matters 1959,2 supplemented by its additional protocol…

After the establishment of Joint Investigation Teams (JITs) in international treaties and the implementation of the rules on JITs into German law, JITs will become a more and more useful investigative tool for the law enforcement authorities in Germany within the repertoire of their investigative measures. The aim of this article is therefore to bring this new tool home to the practitioners and give them valuable advice on the conditions under which JITs may be established and how practical problems can be solved both as regards the phase when JITs are established (part II) and during their working phase (part…

Difficulties in Setting Up Joint Investigation Teams The concept of joint investigation teams, as introduced by Article 13 of the EU Convention on Mutual Assistance in Criminal Matters of 29 May 20001 (“the Convention”), was not entirely new.2 In essence, it allows information gathered by investigators from different EU Member States to be exchanged without making use of a mutual legal assistance request.3 Nevertheless, nine years later, and after the entering into force of this Convention in most Member States, most practitioners lack practical experience and even knowledge of this tool. The lack of joint investigation teams (“JITs”) being set…

I. Introduction Established by Decision 1999/352 (EC, ECSC, Euratom) of the European Commission in order to strengthen the means of fraud prevention, the European Anti-Fraud Office (OLAF) has been given the responsibility of conducting administrative anti-fraud investigations. The purpose of investigations is to collect the evidence needed to identify the facts so as to verify whether an irregularity, fraud, corruption or serious misconduct detrimental to the EU's financial interests has occurred. The aim of this essay is to offer an overview of the OLAF mechanism of collecting evidences and forwarding them to the prosecuting and investigative authorities of Member States…

Joint Investigation Teams (JITs) have come a long way since they were envisioned almost a decade ago, and put within theoretical reach by the Convention of 29 May 2000 on mutual assistance in criminal matters between the Member States of the European Union.1 It is fair to say that they have evolved from an idea, viewed initially with a degree of skepticism by practitioners across the Member States, and are now used more frequently to enable faster and broader investigations. Naturally, there have been challenges along the way, and unfortunately often news of these challenges, rather than news of the…

Dear Reader, It is a pleasure for me to address the readership of the eucrim journal. This issue is focusing on evidence gathering and JITs (Joint Investigation Teams), a relatively new judicial cooperation instrument and a tool which will help us put many criminals behind bars. Cooperation is the key word in Europol’s activities. As one of several institutions fighting international crime within and beyond the borders of the EU, Europol is committed to working together with other law enforcement agencies in a spirit of mutual support and shared responsibility.Europol’s main goal in the coming years will be to use…

Over the last decade, the United States and the European Union have become increasingly important partners in combating terrorism and have further developed intertwined security interests. The signing of the so-called SWIFT II agreement1 on 28 June 2010 (approved by the European Parliament on 8 July 2010) raises, once again, issues concerning the potential conflict between data protection and security matters in the context of transatlantic cooperation.2 The aim of this instrument is “to make sure that designated providers of international financial payment messaging services (and primarily the company “Swift”) make available to the United States Department of the Treasury…

Introduction In the world of information and communication technologies (ICTs), the phenomenon of cloud computing is almost inescapable these days,1 and it seems to indicate the direction in which information infrastructures are moving. The concept, relatively simple, implies the migration of computing hardware, software infrastructures, and applications to third-party service providers’ data centres which, to end users, appear to exist somewhere “in the clouds” of cyberspace. Cloud computing is therefore a new way of delivering computing resources and services, a new segment of the overall ICT portfolio, rather than a new technology per se.2 The advantages of such a business…

In 2013, the German Institute Taipei and the Taipei Representative Office in Germany reached a joint declaration on the transfer of convicted persons and on cooperation in the enforcement of criminal judgments (→ R. Riegel and F. Fülle, “Vollstreckungshilfe zwischen Deutschland und Taiwan auf neuer …