Правовая библиотека и анализ дел · Австрия · Бельгия · Европейский союз
LAWxPERT Вход Бесплатная учётная запись

S.L. 9.25 · European Investigation Order (S.L. 9.25)

S.L. 9.25 ст. 2Interpretation.

ДействуетОфициальный текст

In these regulations, unless the context otherwise requires:

"the Charter" shall mean the Charter of Fundamental Rights of the European Union;

"Certifying authority" means the Attorney General;

"Directive" means the Directive 2014/41/EU regarding the European Investigation Order in criminal matters;

"European Investigation Order" (EIO) means a judicial decision which has been issued or validated by a judicial authority of a Member State of the European Union ("the issuing State") to have one or several specific investigative measures carried out in another Member State of the European Union ("the executing State") to obtain evidence in accordance the Directive and with these regulations. The EIO may also be issued for obtaining evidence that is already in the possession of the competent authorities of the executing State;

"executing authority" means an authority having competence to recognize an EIO and ensure its execution in accordance with the Directive, these regulations and the procedures applicable in a similar domestic case. In the event that the executing State is Malta, "executing authority" means a court of criminal jurisdiction and/or the Police;

"executing State" means the Member State of the European Union executing the EIO, in which the investigative measure is to be carried out;

"issuing authority" means:

(a) a court of criminal jurisdiction, Attorney General; or Inquiring Magistrate and when the issuing authority is not Malta includes an investigating judge or a public prosecutor;

(b) the Police or any other competent authority in accordance with any law, acting in its capacity as an investigating authority in criminal proceedings with the competence to order the gathering of evidence in accordance with the applicable law:

Provided that the EIO shall be validated after examination of its conformity with the requirements for the issuing of an EIO under the Directive, in particular the conditions established in sub-regulation (1) of regulation 9, by an authority mentioned in paragraph (a) of this definition prior to the transmission of the EIO to the executing State:

Provided further that in the event that the EIO has been validated by a judicial authority other than a court of criminal jurisdiction in terms of paragraph

(a) of this definition, the said judicial authority shall be regard as an issuing authority and the EIO shall be transmitted in terms of the Directive and these regulations.

"issuing State" means the Member State of the European Union in which the EIO is issued;

"TEU" means Treaty on European Union.