Chapter 3, Article 21 · Regulation (EU) 2024/3011

Contents

Article 21Effects in the requesting State#

1.Upon receipt of the reasoned decision to accept the transfer of criminal proceedings in accordance with Article 11(1), or of the final decision on a legal remedy under Article 17, the criminal proceedings shall be suspended or discontinued in the requesting State in accordance with national law, unless the outcome of the legal remedy is that the case is to revert to the requesting State, or the requesting authority has already suspended or discontinued those criminal proceedings under Article 4.

2.Notwithstanding paragraph 1, the criminal proceedings in the requesting State may remain open in order to allow the requesting authority to:

(a)undertake necessary urgent investigative or other procedural measures, including measures to prevent the suspect or accused person from absconding or freezing measures;

(b)maintain previously adopted investigative or other procedural measures, including measures to prevent the suspect or accused person from absconding, that are necessary in order to execute a decision on the basis of Framework Decision 2002/584/JHA, another mutual recognition instrument or a request for mutual legal assistance.

3.Following a decision by the requested authority to accept the transfer of criminal proceedings, the requesting authority and the requested authority shall cooperate, to the greatest extent possible and in accordance with their national law, especially where the national law of the requested State requires certain formalities and procedures to be observed, in particular concerning the admissibility of evidence. The requesting authority and the requested authority shall also cooperate on provisional measures taken before transfer and under paragraph 2.

4.Where the execution of the measures taken under paragraph 2 has been finalised, or where the requested authority has taken the necessary investigative or other procedural measures, and the measures undertaken by the requesting authority under paragraph 2 are no longer necessary, the criminal proceedings in the requesting state shall be suspended or discontinued.

5.The requesting authority may continue or reopen criminal proceedings if the requested authority informs it of its decision to discontinue criminal proceedings related to the facts underlying the criminal proceedings for which the transfer was accepted, unless that decision, under the national law of the requested State, definitively bars further prosecution and was taken after a determination had been made on the merits of the case, therefore precluding further criminal proceedings, in respect of the same acts, in the requested State.

6.Paragraph 5 shall not affect the right of victims to initiate or to request the reopening of criminal proceedings against the suspect or accused person in the requesting State, where the national law of that State so provides, unless the decision by the requested authority to discontinue criminal proceedings, under the national law of the requested State, definitively bars further prosecution and was taken after a determination had been made on the merits of the case, therefore precluding further criminal proceedings, in respect of the same acts, in the requested State.