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 can be requested (e.g., suspect is resident in requested state, evidence is located there)
- Rights and protections for suspects/accused persons and victims, including right to be informed and to legal remedies
- Grounds on which requested states can refuse transfers
- Rules on jurisdiction, evidence admissibility, and applicable sentences
- Requirements for digital communication between authorities via a decentralized IT system
- Provisions on costs, statistics collection and relationship with other international agreements
The Regulation will apply from February 1, 2027, replacing existing conventions between Member States on transfer of proceedings. It aims to prevent parallel proceedings, improve efficiency in cross-border cases, and ensure proper administration of justice while protecting fundamental rights.
