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Harmonisation Of Criminal Procedure On The Basis Of Common Principles. The EU's Challenge For Rule-Of-Law Transnational Crime Control

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Chapter Summary

This chapter sheds light on two aspects: (1) the methodology behind transnational crime control based on fundamental common procedural principles ought to focus on the protection of the citizen, and (2) this path is clearly more arduous and time-consuming; on the other hand, it is value-oriented and corresponds to substantial harmonisation of European criminal procedural law. In an effort to reach a solution to harmonised transnational crime control orientated to fundamental common procedural principles, the chapter focuses on four areas: the impact of transnational crime control on the objectives of criminal procedure; the issue of concurrent multiple criminal jurisdictions in terms of the same offence; a number of crucial aspects relevant to the pre-trial phase and especially to the pertinent investigative activities-where transnational characteristics are extremely intense and where the course of these specific procedures typically preordain the outcome of the trial; and the rights of the defendant.

Keywords: criminal jurisdictions; European criminal procedural law; harmonisation



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