Review article

https://doi.org/10.54070/hljk.30.2.11

Inquiries in the Context of Transnational Crime

Marijo Rošić
Danka Hržina ; DORH RH

Abstract

This article attempts to offer practitioners an answer to the question of how to order the conduct of inquiries abroad and how to proceed when receiving requests for the implementation of investigations issued by foreign countries within the framework of international police cooperation or judicial cooperation. In order to answer the questions raised, the authors initially define the term inquiry as informal actions undertaken in the pre-investigation phase of the procedure both from the perspective of positive regulations of the European Union (hereinafter: EU) and the judicial practice of the Republic of Croatia, as well as from the perspective of legal solutions and practices of other Member States of the EU. In addition to the legal definition of the term inquiry, the authors also deal with the issue of the probative value of the inquiry, the differences in the legal systems of the EU Member States regarding the decision on the legality of the evidence that will be used in the trial and on which the judgment will be based, as well as the conditions under which the evidence was obtained and considered abroad as legal evidence in domestic criminal proceedings. Starting from the established differences in the legal systems of the EU Member States, the authors offer answers to the introductory questions starting from the valid instruments of judicial and police cooperation. In this light, the authors analyse the possibilities offered by international police cooperation, with special emphasis on intelligence interviews with citizens who are abroad, given that the said investigative action represents a special challenge for practitioners. In conclusion, the aim of the article is to point out the existence of legal gaps, the overcoming of which requires either a greater
harmonisation of criminal procedural law at the EU level or the creation of a new “instrument”
of judicial and police cooperation in order to ensure the effective implementation of informal
actions and the acquisition of all relevant information in the crucial, pre-investigation phase of
proceedings in transnational crime cases.

Keywords

pre-investigation, inquiry, European Investigation Order, transnational crime, international cooperation, admissibility of evidence

Hrčak ID:

313088

URI

https://hrcak.srce.hr/313088

Publication date:

5.12.2023.

Article data in other languages: croatian

Visits: 239 *