Merits of Multilateral Treaties on Extradition and on Mutual Legal Assistance in Criminal Matters: Theory and Practice (From UNAFEI Annual Report for 1999 and Resource Material Series No. 57, P 35-49, 2000)

• NCJ Number: 195934
• Author(s): Hans G. Nilsson
• Date Published: September 2001
• Length: 15 pages
• Corporate Author: United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders
• Sale Source: United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders
• Publication Format: Document
• Publication Type: Legislation/Policy Description
• Language: English
• Country: Japan

Annotation

This document explains criminal matters and extradition within the European Union.

Abstract

Cooperation in criminal matters has developed rapidly in Europe since the incorporation of criminal law cooperation into the objectives of the European Union. The Schengen Convention in 1990 created one single area where all border controls are abolished and there is free movement of persons, goods, capital, and services. Compensatory measures were adopted to ensure that the opening up of the borders did not create uncontrolled immigration or increased possibility of criminal activity without punishment. All requests for mutual assistance made within the European Union is made on the basis of the Council of European Convention. The Convention is designed to cover the widest measure of mutual assistance in criminal proceedings. In general, it provides that the requested party shall execute letters for the purpose of procuring evidence; and for service of different types of procedural documents and the appearance of witnesses, experts, and prosecuted persons for the purpose of criminal proceedings. Requests are dealt with between the central authorities regarding procedure. The Convention does not require that a request for mutual assistance must be granted in every case. The Convention is supplemented by a number of instruments or arrangements. One of the difficulties that has been experienced is that the borderline between what is regarded as mutual assistance in criminal matters and what is considered to belong elsewhere can be different from one member state to another. Another challenge is how to ensure the legal provisions are sufficiently clear and easy to access for practitioners. All extraditions within the European Union are in principle based on the Convention. The Convention lays down an obligation for the contracting parties to surrender to each other, subject to certain conditions, persons against whom proceedings are commenced or who are wanted for the carrying out of sentences or detention orders. Some exceptions concern political offenses, military offenses, and fiscal offenses. Efforts by the European Union are being undertaken to set standards for norms and to deal in practice with judicial cooperation.