THE LEGAL FRAMEWORK FOR THE ESTABLISHMENT AND FUNCTIONING OF THE JOINT INVESTIGATION TEAM
Keywords:
Public International Law, EU law, International Judicial Cooperation, Joint Investigation TeamAbstract
Purpose
The purpose of the scientific article is to identify the legal framework for establishment and functioning of the Joint Investigation Team, as a tool of the law enforcement unit against the serious and transnational organized crime in the Europe as well as from the point of view of the conditions of the Slovak Republic.
Design/Methods/Approach
In the scientific article were used methods such as analysis, synthesis, comparison.
Findings
Transnational organized crime activities are increasing every year in the EU. The question therefore arises as to which of the available instruments should or should be, at least from a purely formal point of view, intended to investigate serious and organized crime with a cross-border or transnational element. The aim of the scientific article was to find out the current state of legislation (supranational and national) relating to the creation and functioning of Joint Investigation Team. The construction of the current legislation on JIT issues is based on the standards of public international law, Council of Europe legal documents, EU law (EU criminal law) and the national legal order, in this case the Slovak Republic, as an EU Member State. The current legal regulation also enables judicial cooperation with the use of this special sui generis instrument between countries that are members of the EU and with those that are not members of the EU.
Originality/Value
The scientific article is an original work that has not yet been published anywhere.
The status, tasks and competences of law enforcement bodies primarily depend on legislation. The effectiveness of law enforcement bodies in relation to the detection and investigation of serious and transnational organized criminal activity also directly and proportionally depends on the legislation.
Keywords: Public International Law, EU law, international judicial cooperation, Joint Investigation Team
About the author
The author currently works at the Department of Investigation of the Academy of the Police Force, where in the theoretical part of his work he is devoted to the field of detection and investigation of serious and organized criminal activity from the point of view of the implementation of processes of international police and judicial cooperation in criminal matters. In the years 2008 - 2020, the author specialized in the mentioned areas, from the point of view of the practical implementation of processes of international police and judicial cooperation in criminal matters, working in various functions of the National Criminal Agency of the Presidium of the Police Force of the Slovak Republic. The author was a leader of international operations and a member of several joint investigation teams established for the Slovak Republic.
References
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Ivor, J., Klimek, L. & Záhora, J. (2013). Trestné právo Európskej únie a jeho vplyv na právny poriadok Slovenskej republiky. Žilina: Eurokódex.
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Jakabovič, T. (2017). Threat of organised crime in European Union as a current security challenge. Security forum 2017, 29 – 37.
Jakabovič, T. Jakabovič, Š., & Rajda, Z. (2016). Medzinárodno-právny rámec boja proti drogám. Medunarodni naučni zbornik – Pravo Ekonomija Menadžment II, 85 – 98.
Doctoral dissertation:
Jakabovič, T. (2019). Implementation of process international police cooperation in the field of drug crime in the conditions of the Slovak Republic. Doctoral dissertation. The Academy of the Police Force in Bratislava.
Legal regulations:
Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the application of certain provisions of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union and the 2001 Protocol thereto (OJ L 26, 29.1.2004), Official Journal of the European Union no. 26/2004.
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(Ministry of Foreign Affairs Notice no. 621/2003 Coll.).
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(Notification of the Federal Ministry of Foreign Affairs no. 550/1992 Coll.).
Explanatory report on the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union (Text approved by the Council on 30 November 2000) (OJ C 379, 29.12.2000). Official Journal of the European Union no. 379/2000.
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(Decree of the Minister of Foreign Affairs no. 47/1965 Coll., as amended by Federal Ministry of Foreign Affairs Notification no. 458/1991 Coll.).
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Act no. 460/1992 Coll., the Constitution of the Slovak Republic.
Act no. 300/2005 Coll., the Criminal Act, as amended.
Act no. 301/2005 Coll., the Criminal Procedure Code, as amended.
Act no. 383/2011 Coll. on the Representation of the Slovak Republic in Eurojust.
