This Regulation establishes rules for transferring criminal proceedings between EU Member States to improve the efficient administration of justice within the EU’s area of freedom, security and justice. It provides a comprehensive framework for one Member State to transfer ongoing criminal proceedings to another Member State that may be better placed to prosecute the case.The Regulation consists of 4 chapters and 6 annexes covering:
- General provisions on scope and definitions
- Detailed procedures for requesting and executing transfers of proceedings
- Legal effects of transfers in both requesting and requested states
- Communication methods and administrative provisions
Key provisions include:
- Criteria for when transfers may be requested, such as when suspects/accused are nationals or residents of the requested state or when evidence is primarily located there
- Rights and procedural safeguards for suspects, accused persons and victims, including rights to information and legal remedies
- Rules on jurisdiction, including specific grounds for the requested state to establish jurisdiction
- Provisions on the admissibility of evidence and applicable sentences after transfer
- Requirements for direct communication between authorities through a decentralized IT system
- Detailed forms and procedures for requesting and executing transfers
The Regulation will apply from February 1, 2027, replacing existing international agreements on transfer of proceedings between EU Member States. It aims to prevent parallel proceedings, improve efficiency of cross-border prosecutions, and ensure proper administration of justice while protecting fundamental rights.
