Report on the Regional Meeting. organised by the Austrian Contact Points. of the European Judicial Network (EJN)

Similar documents
- 1 - Mag. Dr. Johannes MARTETSCHLÄGER Senior Public Prosecutor - Legal Adviser Federal Ministry of Justice of the Republic of Austria Department IV 4

José Lopes da Mota Deputy Prosecutor General Former President of Eurojust

JIT GUIDELINES ON THE USE OF JOINT INVESTIGATION TEAMS THB WB. Co-funded by the Prevention of and Fight against Crime Programme of the European Union

EJN Newsletter. Issue 2 - May Secretariat of the European Judicial Network. 44 th Plenary meeting in Riga, Latvia... 1.

Eurojust s Casework in Asset Recovery at a Glance

(Notices) NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES COUNCIL

DRAFT PROGRAM CORE GROUP 1 Portugal/ CORE GROUP 2 Slovenia

The fight against fraud - the European Union perspective

INTERNATIONAL COOPERATION IN THE FIELD OF CONFISCATION AND RECOVERY OF CRIMINAL ASSETS: TOOLS AND INSTRUMENTS

INTERNATIONAL COOPERATION IN THE FIELD OF CONFISCATION AND RECOVERY OF CRIMINAL ASSETS: TOOLS AND INSTRUMENTS

The Hague, 11 December 2014 REPORT

No deal Brexit: Criminal justice co-operation

PROGRAMME OF THE 1 st EuroMed Forum of the Prosecutors General

Needs assessment on tools and methods of financial investigation in the European Union Summary

Frequently Asked Questions Protection of the euro and other currencies against counterfeiting

Internal EU27 preparatory discussions on the framework for the future relationship: "Police & judicial cooperation in criminal matters"

Second Evaluation Round

14349/16 MP/SC/mvk 1 DG D 2B

EJTN STUDY VISITS 2018 PRESENTATION, CALENDARS AND REQUIREMENTS 1. STUDY VISITS AT THE COURT OF JUSTICE OF THE EUROPEAN UNION (CJEU)

DRAFT PROGRAM CORE GROUP 1 Spain / CORE GROUP 2 UK & IRELAND

Council of Europe COMMITTEE OF MINISTERS

Standard Summary Project Fiche. Project number: TR Twinning number: TR02-JH-05

EJTN STUDY VISITS PRESENTATION, CALENDARS AND REQUIREMENTS 1. STUDY VISIT AT THE EUROPEAN UNION AGENCY FOR FUNDAMENTAL RIGHTS (FRA)

COMMISSION OF THE EUROPEAN COMMUNITIES INTERIM REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

Double Jeopardy in Investigations and Prosecutions: Risks and Best Practices for companies and individuals

REPORT ON THE EXCHANGE AND SUMMARY

COMMISSIONER ALGIRDAS ŠEMETA TAXATION, CUSTOMS, STATISTICS, AUDIT AND ANTI- FRAUD

PROGRAM CORE GROUP 1 Portugal/ CORE GROUP 2 Poland. 08:45 Departure by bus from SANA EXECUTIVE Hotel to Centro de Estudos Judiciários

Crime and Courts Act 2013: Deferred Prosecution Agreements Code of Practice

FCPA, UK Bribery Act interpreted from a EU non-us/uk perspective

COMMISSION OF THE EUROPEAN COMMUNITIES REPORT FROM THE COMMISSION

Council of the European Union Brussels, 14 February 2017 (OR. en)

Bribery and Corruption

0pinions on organised, cross-border crime and corruption

Internal EU27 preparatory discussions on the framework for the future relationship: "Police & judicial cooperation in criminal matters"

Judicial Review Hearing Of Serious Fraud Office decision to stop BAE-Saudi corruption inquiry

Liechtenstein. I. Brief Introduction to the Legal System of Liechtenstein

EJTN CRIMINAL JUSTICE SEMINAR

A n n u a l R e p o r t

A n n u a l R e p o r t

Report on Eurojust s casework in the field of prevention and resolution of conflicts of jurisdiction

Strasbourg, 11 February 2000 PC -R-EV (99) 27 Summ. EUROPEAN COMMITTEE ON CRIME PROBLEMS (CDPC)

5th Meeting of the Working Group on Relative Effectiveness

Modern Strategies For Tackling Proceeds From Organized Crime And Corruption Lithuanian Experience

First Progress Report on Supervisory Convergence in the Field of Insurance and Occupational Pensions for the Financial Services Committee (FSC)

REPORT ON THE EXCHANGE AND SUMMARY

Self-assessment checklist on the implementation of the United Nations Convention against Corruption

European Commission proposal for a Council Regulation on the establishment of the European Public Prosecutor's Office

Report on cooperation challenges faced by the Court with respect to financial investigations. Workshop October 2015, The Hague, Netherlands

The contribution of law enforcement coordination and cooperation to the EU Drugs Strategy

IPA 2013 Western Balkans

Regional Cooperation Networks

EU cross-border gathering and use of evidence in criminal matters in the EU. Future legal framework under the EIO

PROGRESS REPORT ON THE G20 SELF-ASSESSMENT ON COMBATING THE BRIBERY OF FOREIGN PUBLIC OFFICIALS

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

DECISION 05/2007/GB OF THE GOVERNING BOARD OF THE EUROPEAN POLICE COLLEGE ADOPTING THE MULTI ANNUAL STAFF POLICY PLAN

Lucy Sutcliffe Fiscal Crime Liaison Officer Pretoria, South Africa

European Parliament resolution of 6 April 2011 on the future European international investment policy (2010/2203(INI))

Overcoming international co-operation challenges in corruption cases. Perspectives from the April 2016 Beijing Workshop

Eurojust AWP Eurojust Annual Work Programme 2015

NEW YORK STATE BAR ASSOCIATION INTERNATIONAL SECTION. Dublin 21 April 2017

COMMITTEE OF INQUIRY INTO MONEY LAUNDERING, TAX AVOIDANCE AND TAX EVASION (PANA) MONDAY 14 NOVEMBER 2016 * * * PUBLIC HEARING

The Camden Asset Recovery Inter-Agency Network (CARIN)

Conference of the States Parties to the United Nations Convention against Corruption

Albania. Silva Velaj & Sabina Lalaj Boga & Associates

Conference of the States Parties to the United Nations Convention against Corruption

Practical Implementation of UN Standards and Financial Action Task Force on Money Laundering (FATF) Recommendations: Challenges and Assistance

EUROPEAN JUDICIAL NETWORK

The Crooks Aren t Here Pursuing White-Collar Crime in a Foreign Country Pauline Roberts Special Agent (Retired) FBI

Europol and the Criminal Law: Approximation of Substantive Crimes and Procedural Rules as Prerequisite for Cross-Border Task Forces?

Multi-Annual Strategy

EU cross-border cooperation and information exchange in criminal matters and in fiscal & social matters in particular

topic: Introduce of BAK, current cases of BAK and the main - problems of corruption/economic - investigations (for an European/Austrian investigator)

Freezing and Confiscating the Proceeds of Crime in the European Union

This report was prepared at the request of Ms Inés Ayala Sender, rapporteur on the 2015 Agencies' Discharge.

CONTENTS. Topic At A Glance Competition policy in the spotlight 3

Counterfeiting of Euro (penal aspects) Ministry of Interior General Police Directorate Criminal Police Directorate

Second JIT Evaluation Report

Translation of Liechtenstein Law

EUROMED JUSTICE II PROJECT AGENDA STUDY VISIT ALTERNATIVE DISPUTE RESOLUTION METHODS (ADR)

Response to DPA Consultation Paper CP9/2012

CONFISCATION OF CRIMINAL PROCEEDS IN THE EUROPEAN UNION CRIMINAL LAW

European Anti-Fraud Office (OLAF) 18 June Neil RITCHIE, Head of Sector Directorate A Investigations I Centralised Expenditure A.

FATF Mutual Evaluation of Ireland 2017

DRAFT PROGRAM CORE GROUP 1 Poland/ CORE GROUP 2 Italy

2013 Lough Erne G8 Summit Interim Compliance Report

Recent developments and proposed reforms affecting the legal profession in Portugal

Proposal for an experimental model of governance of confiscated companies. Ideas for the discussion.

Organization of American States OAS Inter-American Drug Abuse Control Commission CICAD. Multilateral Evaluation Mechanism MEM.

(Legislative acts) REGULATIONS

Chapter IV Fight against Money Laundering

1. Ad hoc and institutional arbitration in Italy

The European Public Prosecutor s Office (EPPO) and conflicts of jurisdiction in the EU

Conference of the States Parties to the United Nations Convention against Corruption

Third Evaluation Round. Compliance Report on Iceland

MEASURES TO COMBAT ECONOMIC CRIME

Mutual recognition of judicial decisions on confiscation: the way forward

Item 11 of the Agenda The ESSnet projects: the way forward Theme 6.10.

Brexit Preparedness seminar on Consular Protection. Council Working Party (Article 50 Format) 20 December 2018

How to cope with tax havens? Michel Aujean Former Director of Tax Policy EU Commission, Associé Taj, France

Transcription:

- 1 - Report on the Regional Meeting organised by the Austrian Contact Points of the European Judicial Network (EJN) in Salzburg October 5 th to 7 th, 2011

- 2 - The Austrian Contact Points of the European Judicial Network (EJN) organized their yearly Regional Meeting from October 5 th to October 7 th, 2011 in Salzburg. The general topic of the meeting was Cross-border Cooperation and the Role of the EJN. After the welcoming words of the locally competent EJN-Contact Point Linz, Klaus-Peter BITTMANN, the following presentations were given: StA DDr. Konrad KMETIC, EJN-CP Graz/Austria, gave an overview on recent legislation in criminal matters in Austria. The latest developments are governed by the following ideas: More transparent decisions of the Public Prosecution Service: decisions to discontinue an investigation will have to be reasoned for further control by greater public and an independent organ called Rechtsschutzbeauftragter ; More efficient investigation and prosecution by concentrating, specialising and centralising of prosecution of certain types of severe crime (such as corruption and greater economic crimes); Enhanced regulations on collaborating and key witnesses; New regulations on confiscation OStA Joachim ETTENHOFER, EJN-CP München/Germany presented the implementation of the Framework Decision on Financial Penalties in Germany by October 28 th, 2010. Despite of the federal system in Germany the Federal Office of Justice Bonn ( Bundesamt für Justiz ) acts as central authority competent for receiving and executing requests. A legal remedy against its decision is possible to the locally competent district court ( Amtsgericht ). Concerning the implementation of the EUROJUST-Decision the German Federal Ministry of Justice has drafted a bill containing the following main cornerstones: Art 13: only crimes with a maximum penalty of six years imprisonment will fall under the obligation to report. The way of the information-flow is still open, direct report is being favoured.

- 3 - Functioning of the EJN and its CP bearing different functions such als National Correspondent or Tool Correspondent will be put on a legal basis; ENCS will be set up at the Federal Office of Justice Bonn, all EJN-CP will be included to the ENCS as EUROJUST-Correspondents. Lucie KRESSLOVÁ (Ministry of Justice Prague/CZ) reported new legislation in criminal matters in her country: Act on criminal liability of legal persons has been introduced penalties are of financial nature, confiscation or liquidation of a legal entity. There are plans for a special act for international cooperation in criminal matters replacing the corresponding provisions in the Code of Criminal Procedure. The implementation of all EU-instruments in the field should be placed there, including cooperation with the international criminal courts. The act shall enter into force on June 1 st, 2012. Implementation of the FD on financial penalties is in force since January 1 st, 2008. Executing court is the Krajsky Soud of the place of the asset; a new regulation is planned to transfer this competence to the Okresní Soud as from January 1 st, 2012. Marjeta ŠVAB-ŠIROK (Ljubljana High Court/SLO) told that the single competence to execute requests concerning financial penalties throughout the country is at the Regional Court of Celje. The EUROJUST-Decision has been transposed within the Act on the Public Prosecution Service. The EJN was not well covered by this act due to the fact that it is mainly composed of judges working as its CP. The Code of Criminal Procedure upholds the position of an investigative judge event though ideas have been raised to abolish this function. Videoconference is widely used, even in cases when the person to be heard has not been summoned before through classical ways. For a videoconference with third countries SLO lacks of a legal basis not having ratified the Second Additional Protocol the European Convention on

- 4 - Mutual Legal Assistance. Practical problems in videoconferencing sometimes occur with SP due to late requests in the last minute before the hearing. Brigitte KAISER (Vaduz Prosecution Service/FL) gave an update on the negotiations of a cooperation-agreement with EUROJUST. The agreement has been signed but there are still concerns with regard to the data protection regime. The Liechtenstein law on data protection could be extended to criminal matters as a possible solution. On July 1 st, 2012 a major reform of the Criminal Procedure Code shall come into force orientated on the Austrian model but keeping the investigating judge. According to the Austrian model Liechtenstein introduced the possibility for the prosecution to close a case imposing conditions or orders to the accused. FL is now part of the SIS, the full operability will be reached on January 1 st, 2012. Carsten-Christian EGEBERG CHRISTENSEN told the audience that the border controls to Germany have been re-abolished the age of criminal liability lies now at 15. The main objective in crime policy is still the fight against rivalling gangs (such as Hells Angels or Banditos ) - for this purpose DK set up a Task Force of 140 policemen and 20 public prosecutors. A fully electronic file system is now in use at courts and prosecution services. In the afternoon of the second day of the meeting the participants went to the Prosecution Service at Traunstein/Germany. The Head of the authority, Leitender Staatsanwalt Helmut VORDERMEYER warmly welcomed the EJN- CP and guided them through the modern equipped office building. He stressed the fact that due to the geographical situation of the authority and its area of jurisdiction international contacts are part of the daily work. Especially with Austrian but also with Italian judicial authorities close links of direct contacts have been established. As to the size of the area covered by the authority and the number of cases a handout has been given to the participants. On the third day of the meeting Mag. Wolfgang PEKEL (Federal Minstry of Justice Vienna/Austria) reported about the state of play in the discussions on

- 5 - the European Investigation Order (EIO), its main features and the scope of application followed by a discussion with the participants. The Austrian National Member to EUROJUST, Maga. Ingrid MASCHL- CLAUSEN together with the Legal Assistant to the Austrian Desk, Maga. Lisa HORVATITS, reported news from EUROJUST, including personal changes in the composition of the College. EUROJUST has sent liaison prosecutors to several third countries such as NOR, CRO and the USA. As from October 1 st, 2011 the German Klaus RACKWITZ is appointed a the new administrative director. The planning for a new EUROJUST- building are getting more concrete closer to the new EUROPOL seat. At the earliest a move to this new site could be envisaged for 2015. The OCC has been fully operative and can be reached 24h a day; the corresponding phone number has been distributed to the MS authorities (0080-38765878, acronym:0080- EUROJUST). EUROJUST has concluded a cooperation-agreement with CH, two CP from CH are coming from the Federal Office of Justice Bern. The negotiations with Russian Federation on a cooperation-agreement are to be continued, the data-protection regime is still open. With regard to Joint Investigation Teams (JIT) EUROJUST tends to facilitate the bureaucratic requirements for co-financing. The decision on co-financing will be taken in a very short period based on a concrete JIT agreement. The maximum sum for co-financing is EUR 50.000,-- per JIT. For further information consult the following link http://www.eurojust.europa.eu/jit/jitfunding-guide/3_jit_funding_project_guide_de.pdf. At the end of the meeting Klaus-Peter BITTMANN summed up the topics raised during the presentation and the work of the participants and announced that in 2012 the Austrian Regional Meeting shall be held in Graz including a transborder excursion to Slovenia. October 7 th, 2011 OStA Mag.Dr.Johannes Martetschläger