PP937
Analítico de Periódico
NIJHOF, Jarin
The European Investigation Order and evidence requests in military criminal cases : a matter of ‘uniform application’? / Jarin Nijhof
European Criminal Law Review, v.8 n.3 (2018), p.368-377
DIREITO COMUNITÁRIO, COOPERAÇÃO JUDICIÁRIA EM MATÉRIA PENAL, INVESTIGAÇÃO CRIMINAL, DECISÃO EUROPEIA DE INVESTIGAÇÃO, FORÇAS ARMADAS, JUSTIÇA MILITAR
On 3 April 2014, the European Parliament and of the Council of the European Union adopted Directive 2014/41/EU regarding the European Investigation Order in criminal matters. This article explores the applicability of the European Investigation Order with respect to offences committed by members of the armed forces while abroad in connection with their duties. The author identifies and discusses several legal and practical issues that lead to the conclusion that, although it may serve as a template, the European Investigation Order is not a legally appropriate, nor suitable, means for requesting evidence in regard to offences committed by military while serving abroad.