Pregledni rad
https://doi.org/10.32984/gapzh.10.1.14
European Investigation Order As a New Instrument of Judicial Cooperation Between Member States in Criminal Cases With a Special Focus on Croatian Law
Damir Primorac
orcid.org/0000-0001-5036-4222
; Sveučilišni odjel za forenzične znanosti Sveučilišta u Splitu; Pravni fakultet Sveučilišta u Mostaru
Maja Buhovac
orcid.org/0000-0003-1979-3023
; odvjetnička stručna suradnica
Marko Pilić
orcid.org/0000-0002-4418-9306
; Sveučilišni odjel za forenzične znanosti Sveučilišta u Splitu
Sažetak
The accession of the Republic of Croatia to the European Union opened a whole new era in its historical and social development. In the area of criminal law, this involves the implementation and harmonization of a number of institutes aimed at facilitating the treatment of judicial organs and their cooperation in criminal cases between Member States. Over a period of five years, certain steps have been taken in this direction. However, in addition to analyzing the results achieved in this period, it is very important to point to open questions whose practical implications will be discussed. Therefore, the aim of this paper is to point to the institute of European Investigation Order, which was introduced in Croatian criminal legislation by the Act on Amendments of the Law on Judicial Co-operation in Criminal Matters with the Member States of the European Union of October 2017 in accordance with Directive 2014/41 / EU of the European Parliament and of the Council of April 3th 2014 on a European Investigation Order in Criminal Matters, which is a new institute in the legal systems of other Member States. Following the implementation of the European Arrest Warrant, the European Investigation Order is a continuation of the efforts to harmonize activities of judicial organs of EU Member States in criminal proceedings with the aim of obtaining evidence through investigative measures. Although its implications will be seen in the future, the paper discusses all the advantages of its introduction and the deficiencies that arise from the interpretation of certain legal provisions by criminal law scholars.
Ključne riječi
European Investigation Order; judicial co-operation; conducting special investigative measures; the issuing state; executing state
Hrčak ID:
222984
URI
Datum izdavanja:
18.7.2019.
Posjeta: 1.991 *