Conflicts of Jurisdiction in Criminal Proceedings

• Author: Mihail Silviu Pocora
• Pages: 155-158

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.