THE COMMUNITARIAN REGULATIONS OF THE EUROPEAN ORDER FOR INVESTIGATION IN CRIMINAL MATTERS
THE COMMUNITARIAN REGULATIONS OF THE EUROPEAN ORDER FOR INVESTIGATION IN CRIMINAL MATTERS

Summary/Abstract: In accordance with the provisions of Art 82 Para 1 of the Treaty on the functioning of the European Union (TFEU), the judicial cooperation in criminal matters within the Union is based on the principle of the mutual recognition of judgments and judicial decisions and shall include the approximation of the laws and regulations of the Member States. Transposing in practice this principle is based on the premises that each Member State trusts the criminal justice systems of the other Member States. The extent of the principle of the mutual recognition depends on a series of parameters, including mechanisms for collaboration regarding the measures of investigation specific for the collection of evidences. Directive 2014/41/EU establishes a set of norms regarding the application, in all stages, of the criminal procedures, including in the trial phase, of investigative measures for the collection of evidences. In this meaning, the communitarian norm identified the following measures of investigation: the temporary transfer in favor of the issuant state of the person put in custody for the application of an investigative measure; the temporary transfer in favor of the executing state of the persons subjected to measures depriving of freedom for the application of investigative measures; hearing by videoconference or other audiovisual transmission; hearing by teleconference; information regarding the bank accounts and bank operations; investigative measures implying a gathering of evidence in real time, continuously and over a certain period of time; undercover investigations.

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