S.L. 9.25 · European Investigation Order (S.L. 9.25)
S.L. 9.25 Art. 19Obligation to inform.
(1) The Attorney General shall receive the EIO and shall, without delay, and in any case within a week of the reception of the EIO, acknowledge reception of the EIO by completing and sending the form set out in the Second Schedule.
Where a central authority has been designated in accordance with regulation 10(3), this obligation is applicable both to the central authority and to the executing authority which receives the EIO from the central authority.
In the cases referred to in regulation 10(6), this obligation applies both to the competent authority which initially received the EIO and to the executing authority to which the EIO is finally transmitted.
(2) Without prejudice to regulations 13(4) and (5) the court of criminal jurisdiction or the Police shall inform the issuing authority immediately by any means:
(a) if it is impossible for the executing authority to take a decision on the recognition or execution due to the fact that the form provided for in the First Schedule is incomplete or manifestly incorrect;
(b) if the executing authority, in the course of the execution of the EIO, considers without further enquiries that it may be appropriate to carry out investigative measures not initially foreseen, or which could not be specified when the EIO was issued, in order to enable the issuing authority to take further action in the specific case; or
(c) if the executing authority establishes that, in the specific case, it cannot comply with formalities and procedures expressly indicated by the issuing authority in accordance with regulation 12.
Upon request by the issuing authority, the information shall be confirmed, without delay, by any means capable of producing a written record.
(3) Without prejudice to regulations 13(4) and (5)the court of criminal jurisdiction or the Police shall inform the issuing authority without delay by any means capable of producing a written record:
(a) of any decision taken pursuant to regulations 13 or 14;
(b) of any decision to postpone the execution or recognition of the EIO, the reasons for the postponement and, if possible, the expected duration of the postponement.
Änderungsgeschichte
- Amended by L.N. 451 of 2020