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Finding the Best Place for Prosecution: European Study on Jurisdiction Criteria
by:T. vander Beken, G. Vermeulen
In order to fight international crime, most EU Member States have systematically extended their territorial and extra-territorial claims of jurisdiction. As a consequence of this evolution, an increasing number of international crimes can be prosecuted in more than one State.Therefore, the question of whether a crime will be prosecuted has become...
In order to fight international crime, most EU Member States have systematically extended their territorial and extra-territorial claims of jurisdiction. As a consequence of this evolution, an increasing number of international crimes can be prosecuted in more than one State.Therefore, the question of whether a crime will be prosecuted has become subordinate to the question of which State is in the best position to prosecute. This phenomenon is of major importance since conflicts of jurisdiction have significant consequences for the States and the individuals involved. Not only criminal law, but also criminal procedure law differs from country to country.The change of forum for an international case can therefore be detrimental both to the offender's and the victim's legal status. Article 31 d of the Treaty on European Union shows that the European Union shares this concern. In order to contribute to the enhancement of an area of freedom, security and justice within the European Union, this article prescribes that conflicts of jurisdiction between Member States should be prevented. This book provides a new analysis of the question of how conflicts of jurisdiction can be prevented or solved and what the European Union's policy could be in that respect.A pragmatic, realistic, and short-term solution is proposed, paying specific attention to the rights of all parties involved.
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