Corrigendum
| Published date | 01 December 2010 |
| Date | 01 December 2010 |
| DOI | http://doi.org/10.1177/203228441000100410 |
| Subject Matter | Corrigendum |
534 Intersentia
CORRIGENDUM
Corrigendum to the article “Jurisdiction and Applicable Law in the EU Directive on
Transfer of Proceedings i n Criminal Matters”, of the New Jour nal of Criminal Law
Volume 1 issue 3.
On page 350,
• lines8and9for:
concerning the futu re requesting State
read
concerning the futu re requested State
• nextparagraphfor :
Despite the conditions attached to the solution adopted in the Dra Direct ive, the
breadth of the situations covered somewhat reduces their eect: prac tically the
same solution is reached as if competence was automatical ly accorded to all
Member States. Under the current version of the text, the only two situations
which wou ld lead to dierent result s under t he past versions of the Framework
Decision or under the European Convention on Transfer of Proceedings are purely
theoretical: 1) a State is competent on a territorial basis but has decided not to
prosecute an oence of which all t he eects occurred outside the EU, neither the
victim nor the suspect being EU nationals or EU residents, or 2) a State is competent
on the sole ba se of universality and of the presence of t he suspect on its terr itory
and decides not to prosecute. In these t wo (marginal) cases, competence will not
be granted under the Dra Di rective whereas it would have b een under the
previous texts or under the Eu ropean Convention on Transfer of Proceedings .
read
Despite the conditions attached to the solution adopted in the Dra Direct ive, the
breadth of the situations covered somewhat reduces their eect: prac tically the
same solution is reached as if competence was automatical ly accorded to all
Member States. In some cases, competence will not be g ranted under the Dra
Directive whereas it would have been under the previous texts or under the
European Convention on Transfer of Proceedings. For example, when an oense
is committed in a Member State and all the elements concern this same State, with
no element of extraterritoria lity, no other State will be granted ju risdiction under
To continue reading
Request your trial