Chapter 2, Article 5, Paragraph 2. · Regulation (EU) 2024/3011

Contents

2.The requesting authority shall take into account in particular the following criteria when considering whether to request the transfer of criminal proceedings:

(a)the criminal offence has been committed in whole or in part on the territory of the requested State, or most of the effects of the criminal offence or a substantial part of the damage forming part of the constituent elements of the criminal offence occurred on the territory of the requested State;

(b)one or more suspects or accused persons are nationals of or residents in the requested State;

(c)one or more suspects or accused persons are present in the requested State and that State refuses to surrender those persons to the requesting State on the basis of:

(i)Article 4, point (2), of Framework Decision 2002/584/JHA;

(ii)Article 4, point (3), of Framework Decision 2002/584/JHA where such refusal is not based on a final judgment passed upon that person in respect of the same criminal offence which prevents further criminal proceedings; or

(iii)Article 4, point (7), of Framework Decision 2002/584/JHA;

(d)one or more suspects or accused persons for whom a European arrest warrant has been issued are present in the requested State and that State refuses to surrender those persons, if it finds that, in exceptional situations, there are substantial grounds to believe, on the basis of specific and objective evidence, that the surrender would, in the particular circumstances of the case, entail a manifest breach of a relevant fundamental right as enshrined in Article 6 TEU and the Charter;

(e)most of the evidence relevant to the investigation is located in, or the majority of the relevant witnesses are residents in, the requested State;

(f)there are ongoing criminal proceedings in the requested State in respect of the same, partially the same or other facts against the suspect or accused person;

(g)there are ongoing criminal proceedings in the requested State in respect of the same, partially the same or related facts against other persons;

(h)one or more suspects or accused persons are serving or are to serve a sentence involving deprivation of liberty in the requested State;

(i)the enforcement of the sentence in the requested State is likely to improve the prospects of social rehabilitation of the person sentenced or there are other reasons why enforcement of the sentence in the requested State would be more appropriate;

(j)one or more victims are nationals of or residents in the requested State;

(k)the competent authorities of the Member States have reached consensus, under Framework Decision 2009/948/JHA or otherwise, on the concentration of the criminal proceedings in one Member State.

For the purposes of the first subparagraph, point (j), the requesting authority shall take due account of child victims and other vulnerable persons.