Autor: George Virgil GAVRILĂ
Publicat în: Revista Pro Lege nr. 3/2020
Disponibil online: aici
Cuvinte-cheie: echipa comună de anchetă, JIT, Eurojust, Europol.
Joint investigation teams. Preliminary measures, establishment, financial applications
Abstract: Joint Investigation Teams (hereinafter JIT) are a very effective tool for cooperation, which facilitates, under the establishing agreement of the Joint Investigation Team, the coordination of investigations and prosecutions conducted in parallel in several states. During the operation of the JIT, the initial agreement may be amended by the agreement between the parties, if the content needs to be changed (e.g.: changes related to the offences under investigation, involvement of a new party, team composition, purpose or extension). The applicable instruments include the following principles on JIT operations:
– the activities of the JIT shall be conducted in accordance with the law of the state in which it operates (hereinafter referred to as the „state in which operations are conducted”) and under the supervision of the JIT leader appointed by that state;
– seconded members have the right to be present during the investigation unless the JIT leader in the state where the operations take place decides otherwise for specific reasons;
– the seconded members may be mandated by the JIT leader to carry out the investigative measures, with the consent of the state in which the operations are carried out and of the state which seconded them;
– seconded members have the right to share the available information with the team, in the state which seconded them. If necessary, they may request the competent authorities of that state to carry out investigations in accordance with the conditions laid down by their national law in a national case.
Keywords: joint investigation team, JIT, Eurojust, Europol.
