European Investigation Order in criminal matters and European Remote Participation Order (recast)

It affects criminal investigators, prosecutors, courts, suspects, accused persons, victims of crime, and people or evidence located in another EU country. It also affects cross-border criminal cases using videoconference or other distance communication technology.

• Clarifies when and how European Investigation Orders may gather evidence across borders.
• Adds rules for cross-border surveillance, telecom interception, recording devices, and reuse of exchanged information as evidence.
• Creates European Remote Participation Orders for remote attendance at criminal hearings from another Member State.
• Sets consent, safeguards, remedies, time limits, and responsibility rules for remote participation cases.

• Directive 2014/41/EU (32014L0041)
  • entire act: repeals and replaces the entire directive by recast
  • art. 1: expands subject matter to ERPOs, notifications, consent requests and procedural-document service
  • art. 2: adds definitions for ERPO, notifications, telecommunications and decentralised IT system
  • art. 31: adds service of procedural documents and restructures EIO framework article
  • art. 43: extends EIO scope to cover service of procedural documents
  • art. 5: replaces types of proceedings rule and renumbers EIO content provisions
  • art. 6: adds mandatory EIO content fields and translation rule for served documents
  • art. 7: tightens conditions for issuing and transmitting EIOs
  • art. 8: simplifies transmission rules and central-authority involvement
  • art. 9: updates rules for EIOs related to earlier EIOs
  • art. 10: clarifies recognition and execution obligations for EIOs
  • art. 11: updates recourse to different investigative measures and mandatory measures
  • art. 12: adds and clarifies grounds for non-recognition and non-execution
  • art. 13: revises EIO time limits and provisional execution for urgent measures
  • art. 14: adds conditions for transfer of evidence and use conditions
  • art. 16: updates obligations to acknowledge receipt and inform of defects
  • art. 17: expands legal remedies and challenge rights for affected persons
  • art. 19: updates confidentiality rules and links them to subsequent-use conditions
  • art. 21: adds rules on conditions for subsequent use and onward transfer
  • art. 22: updates temporary transfer of persons in custody to issuing State
  • art. 23: updates temporary transfer of persons in custody to executing State
  • art. 24: limits videoconference hearings to evidentiary purposes
  • art. 25: adjusts telephone-conference hearings for witnesses and experts
  • art. 26: updates bank-account information requests
  • art. 27: updates banking-operations information requests
  • art. 28: adds surveillance and technical-device measures to real-time evidence gathering
  • art. 30: moves interception rules to new Article 31
  • art. 33: adds notification procedure for cross-border surveillance without technical assistance
  • art. 34: adds notification procedure for technical recording devices
  • art. 35: adds procedure for consent to use previously exchanged information as evidence
  • art. 36: introduces the European Remote Participation Order
  • art. 37: sets conditions for issuing and transmitting an ERPO
  • art. 38: sets procedures and safeguards for obtaining consent for ERPOs
  • art. 39: sets mandatory content and form of the ERPO
  • art. 40: sets transmission rules for ERPOs
  • art. 41: requires recognition and execution of ERPOs without formalities
  • art. 42: sets practical arrangements for ERPO execution
  • art. 44: sets ERPO time limits
  • art. 45: covers impossibility of ERPO execution
  • art. 46: sets information duties between competent authorities
  • art. 47: adds provisional measures after conviction
  • art. 48: encourages direct consultations between authorities
  • art. 49: sets applicable procedural rights for ERPOs
  • art. 50: creates right to effective remedies for ERPOs