International Cooperation between Investigation Authorities and Public Prosecutors

Pages156-168
Publication Date01 Feb 1993
DOIhttps://doi.org/10.1108/eb025617
AuthorJ. Koers
SubjectAccounting & finance
International Cooperation between
Investigation Authorities and Public
Prosecutors
J.
Koers
J.
Koers
has been employed by the Prosecution
Counsel in the Netherlands since 1977.
He is currently Unit Manager of Serious
Crimes. In 1980, he graduated from the
Vrije Universiteit (Free University) in
Amsterdam, where he took Dutch law,
specialising in criminal justice. He is the
author of several publications, including
an article on the investigation and
prosecution of tax delinquencies. He is
also co-author of a software packet
(expert system) on the investigation of
social security
fraud.
Mr Koers also
teaches International Criminal Law at the
Detective Training School in Zutphen.
ABSTRACT
This paper discusses international regula-
tions in criminal law. Several definitions of
'limited legal aid' are considered.
The system of the various criminal
treaties, together with their additional proto-
cols,
qualifications and explanations, is
interpreted.
The paper also looks at the
separate customs treaties and EEC Regula-
tion
1468/81.
Finally, these treaties and the Additional
Schengen Treaty of 19th June, 1990, are
discussed.
INTRODUCTION
Western society is characterised by an
open structure which means that it is
possible to travel almost anywhere. This
is inevitably open to abuse drug
dealers cross borders, VAT frauds use
borders for protection, EEC subsidy
frauds abuse countries domestically or
abroad, currency smugglers rob African
countries of their hard currency, organ-
ised crime explores the underground
banking system worldwide, etc. This is
just a small random selection of crimes
that occur internationally.
It sometimes happens that the police
in one country are trying to combat a
criminal activity, while at the same rime
the police in another country are trying
to combat another part of the same
activity. In a manner of speaking, the left
hand docs not know what the right hand
is doing. Public prosecutors and the
police of various countries can help each
other if they are aware not only of the
activities of their respective colleagues,
but also how the law operates in this
area. Most police officers and some
public prosecutors have no idea how
international cooperation can be
brought about. International criminal
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