Transferul procedurilor penale ca formă a asistenței juridice internaționale în materie penală

Abstract

The timeliness of the subject matter is the interest shown in knowing the forms of international legal assistance in criminal matters, in particular the transfer of criminal proceedings. Transfer of proceedings in criminal matters is that form of international judicial cooperation in criminal matters which, at the request of a (applicant) State, a (requested) State takes charge of the prosecution or judgment of a person accused of having committed an offense in the territory of the requesting State, if the requested state has the power to pursue prosecution in accordance with one of the principles of the application of criminal law in space. The transfer of criminal proceedings may be requested only if the requested State has jurisdiction in question or extradition cannot be requested be requested only if the requested state has jurisdiction in question or extradition cannot be requested or, if extradition has been requested, the request has been rejected. The transfer of the criminal proceedings shall be requested by the competent prosecuting authority, if the proceedings concern the prosecution activity, or by the court before which the case is at first instance, if the proceedings concern the activity of the proceedings. The application of the European Convention on the transfer of proceedings in Criminal matters requires thorough knowledge and proper interpretation of its provisions.