Autor: Oana Șt. C. Chicoș
Publicat în: Analele Universității „Titu Maiorescu”, 2014
Disponibil online: aici.
Abstract: Globalization, which marks the beginning of the 21st century, has an impact on crime as well, which has acquired new transnational meanings in the recent years. Freedom of movement of people within the European Union has an undesirable effect on the trans-European crime, due to the lack of effective measures to prevent and combat this phenomenon. If in the past a stress was laid on the mutual support offered among states in extradition proceedings and the concept of „international legal assistance in criminal matters” was used, at present, there is more than mere support, it is a cooperation between judicial and police authorities of the states, such as extradition, the transfer of sentenced persons, legal aid in criminal matters, whereas the keywords in this area are „mutual assistance”, „coordination”. This article contains a comprehensive analysis in the field of international mutual assistance in criminal matters, to provide grounded arguments as regards the proof of this area’s contribution to the criminal law development. International judicial assistance in criminal matters has to be examined on the one hand, in terms of criminal substantive and procedural norms regulated in international treaties and legal instruments of the European Union, and on the other hand from the point of view of each form of international cooperation.
Keywords: cooperation; assistance; convention; framework decision; European arrest warrant.