NCJ Number
170298
Date Published
1996
Length
9 pages
Annotation
Structuring operational European Union police cooperation at a pre-judicial stage would constitute a crucial step toward an integrated and effective criminal law enforcement system, which at the same time offers the necessary legal guarantees.
Abstract
Given the trend toward further European integration and the increasing internationalization of certain forms of crime, several states are often involved in the detection of such crime, as well as in the prosecution and trial of its perpetrators; nevertheless, as a rule only one state can ultimately prosecute and try a certain suspect or implement a sanction that has been imposed. Normally, it will also be that state that will determine the legitimacy of the evidence. It is important to determine whether, where, when, how, or against whom certain tracing techniques or methods of coercion are to be used; it is also of major importance to decide which suspects are to be brought to trial where. Attention should be given to permanent, early, and timely pre-judicial control of international police action and evidence-gathering in terms of legitimacy and conformity to the applying rules concerning the admittance of evidence. There should also be pre-judicial determination of where, when, or against whom certain methods of coercion are to be used or other police intervention are to occur. These efforts presuppose the development of sound and effective systems of judicial and democratic "post-factum" control. It is also important to develop criteria and tools that will allow pre-judicial (preventive) structuring of international police action. 10 notes