The European Investigation Order (EEA; English: European Investigation Order, EIO) is one of the most important instruments criminal justice cooperation in the EU. She makes it possible Investigating authorities and courts of an EU state, Evidence in another EU stateto have it collected. The directive was adopted on 3. April 2014adopted; the member states had to until 22. May 2017implement. Denmark and Ireland are on this instrument is not bound. In Germany is the European Investigation order in the IRG, especially in §§ 91a up to 91y, anchored.
Why the European Investigation Order is so important in practice
For The accused, companies and witnesses with a foreign connection are the European investigation order is particularly relevant because it Cross-border evidence gathering has been significantly accelerated. Runs For example, a criminal case in Germany, German authorities can Today it is much easier to achieve that in another EU country a witness interviewed, an apartment searched, one Bank information obtained or another investigative measure is carried out. The EEA is based on the principle ofmutuality Recognition: The executing state should implement the order fundamentally recognize and treat it as if the measure were ordered in their own state.
What is a European Investigation Order accurate?
The European investigation order is ajudicial order Decisionthat is issued or confirmed in an EU state so that in another EU country certain Investigative measures are carried out to obtain evidence. It can not only refer to new evidence, but also also on evidence that already exists in the executing state are. The directive is deliberately broad and intended basically for almost all investigative measures Collection of evidence applies.
Which Requirements must be met?
One European investigation orders may not be issued arbitrarily become. The requested measure must be necessary, proportionate and also in a comparable way be permissible in a domestic case. In addition, it must be checked whether there is another, less invasive means of doing the same purpose could be achieved. The EEA will be based on auniform Standard formissued and translated into the official language of the enforcing state or in a language accepted by it translated.
Like does enforcement expire?
The The basic idea of the directive is simple: the state in which the measure should be carried out, recognizes the European Investigation order basically without any further formalities and enforces them according to the rules of its own law. The The directive sets tight deadlines for this. About recognition and Enforcement should generally be carried out within 30 days to be decided; The actual measure should then take place at the latest be carried out within 90 days. If that In exceptional cases it is not practically possible, the The enforcing state informs the issuing state; then she can The deadline may be extended by a maximum of 30 additional days.
When can enforcement be refused?
The European investigation order limits the reasons for rejection consciously. A refusal only occurs in certain exceptional cases Consider, for example, immunities or privileges, at one Endangering essential national security interests ne bis in idem, in the case of certain problems on both sides Criminal liability or if the measure violates fundamental rights would be incompatible. In addition, a requested measure can be rejected if they are in a comparable place in the executing state would not be permissible in a domestic case, nor would any other equally effective measure is available.
Which Are investigative measures possible via an EEA?
The The directive covers numerous investigative measures. The European one Justice portal expressly mentions, among other things, the interrogation of Witnesses, telephone surveillance, undercover investigations as well as information about banking transactions. For those affected This means: The European Investigation Order is not theoretical instrument, but can be very concrete and trigger intervention-intensive measures abroad.
Interrogation via video conference
Special What is relevant in practice is the possibility of having witnesses, experts, etc under certain conditions alsoaccused or Suspects via video conference from another EU country to be heard. The directive expressly provides that an EIO for the hearing of a witness or expert Video conference can be waived. Also the interrogation of one accused or suspected person is possible. For It is important for the accused: enforcement can be refused if the person concerned does not consent or if the measure in each individual case complies with the fundamental legal principles of the enforcement state contradicts.
Temporary Transfer of detained persons
The The European investigation order can also be temporary Enable transfer of a detained personif their Presence is required to collect evidence in the issuing state. The prerequisite is, among other things, that the person is within the within the time limit set by the executing state. The directive also provides that enforcement can be refused in particular if the detained person does not agree.
Bank accounts and banking transactions
On Another particularly sensitive area is access to Bank information. The directive allows a European Investigation order to determine whether a natural or legal entity has one or more bank accounts or is authorized to dispose of. It also allows the request of Information about certain banking transactions and others Financial operations within a set period of time. The The issuing state must justify why the requested Information is important for the criminal proceedings. The policy also requires Member States to ensure that banks does not inform the affected customer that the relevant Information has been submitted or investigations are ongoing.
Hidden Investigations
Also undercover investigations can be the subject of a European be an investigation order. The policy allows a state another state for assistance with investigations by officials requested under a concealed or false identity. Such measures However, they are governed by the law of the state in which they are located be carried out. The implementation, management and control are exclusively the responsibility of the responsible authorities enforcement state; Duration and conditions must be between the two States are coordinated.
Telecommunications monitoring with the help of another EU country
Special The possibility of monitoring is intervention-intensive Telecommunicationswith technical support from another Member State. The directive allows an EEA if technical Help is needed from another EU country. This can it should be provided that communication is sent immediately to the is forwarded to the issuing state or initially in the intercepted and recorded by the enforcing state and then is transmitted. Also atranscription, decryption or Decodingcan be requested.
What does this mean for those affected in Germany?
Who lives in Germany or abroad and is involved in criminal proceedings If the EU connection is affected, the European Investigation Order should be issued don't underestimate. They can cause evidence very can be collected quickly across borders - often before those affected have a complete overview of the scope of the investigation. Just at Bank documents, witness interviews, searches, Telecommunications measures or international It is therefore important to take action early on in white collar criminal cases check in which country the investigations are being conducted measure was specifically requested and whether there were legal objections to it recognition, enforcement or exploitation exist.
Criminal justice cooperation within the EU is developing dynamic for years - and the European Investigation Order is one of the most effective instruments of this development. If against You or your company in Germany or in another If an EU state is identified, it should be checked early on whether There is already a European investigation order in place or can be waived at short notice. Especially in cross-border ones Procedure is an early, strategic defense crucial because evidence spreads much more quickly today Have security secured across national borders. A criminally experienced one and internationally oriented law firm can often do that make a crucial difference.