Conflicts of Jurisdiction in Criminal Proceedings

Author:Mihail Silviu Pocora
Pages:155-158
SUMMARY

This paper will consider the practical settlement of conflicts of jurisdiction both in relation to the forum for prosecution and transfer of proceedings. The corollary of free movement of people is free movement of judgments, sentences and related powers of investigation and prosecution. Cross border crime requires to be addressed by equipping law enforcement and prosecution authorities with... (see full summary)

 
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Legal Sciences in the New Millennium
155
Conflicts of Jurisdiction in Criminal Proceedings
Mihail Silviu Pocora1
Abstract: This pap er will consider the practical settlement of conflicts of jurisdiction both in relation to the
forum for prosecution and transfer of proceedings. The corollary of free movement of people is free
movement of judgments, sentences and related powers of investigation and prosecution. Cross border crime
requires to be addressed by equipping law enforcement and prosecution authorities with mechanisms to
ensure the public interest in the investigation and prosecution of crime is met. The starting point f or any
consideration is the place where the criminal conduct took place. Sometimes the crime is such that criminal
jurisdiction will be fixed - such as th eft of property, crimes o f violence - where others have an impact or
criminal conduct in more than one jurisdiction - drug importation, major transnational drug dealing, human
trafficking, terrorism.
Keywords: offences; investigations; legislature; trial
1. Introduction
In the latter types of criminal conduct consideration has to be given to how the relevant law
enforcement and prosecution authorities liaise with each other to determine which will take on
responsibility for the investigation and prosecution of the crime.
If the conduct becomes known at a sufficiently early stage the relevant authorities could seek to
establish a joint investigation team. These teams being together the relevant players from each
jurisdiction - law enforcement, prosecution, investigating judge, computer analysts. These teams, in
the appropriate case can be highly effective.
The more traditional route is to liaise either directly with each other or to liaise through Europol.
Parallel investigations, where each jurisdiction continues its own inquiry while keeping in touch with
the other jurisdiction and sharing intelligence and outcomes can also be highly effective. It is not
every case that sees all the criminal conduct being prosecuted in one jurisdiction. There can be very
good strategic reasons why certain parts of a wider actor criminal conduct would be prosecuted in one
jurisdiction with other elements prosecuted in another jurisdiction.
What is essential is flexibility and awareness of mechanism and frameworks to enable best use of
those to ensure the best outcome, which should not be where the conviction is most easily achieved
nor where the toughest penalty is imposed but where the public interest is best served having regard to
1 Senior Lecturer, PhD, Hyperion University of Bucharest, Romania, Address: 169 Calea Calarasilor Street, 3rd District.
Bucharest. 31615, Romania, Corresponding author: silviupocora@yahoo.com.

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