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EU: FUNCTION CREEP: EUROPEAN INVESTIGATION ORDER

01 November 2011

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EU: FUNCTION CREEP: EUROPEAN INVESTIGATION ORDER (EIO): Council of the European Union: Initiative of Belgium, Bulgaria, Estonia, Spain, Austria, Slovenia and Sweden for a Directive regarding the European Investigation Order in criminal matters - Freezing of evidence (EU doc no: 16410-11, 8.11.11, pdf). The Council is discussing extending the scope of the draft Directive to cover not just the "freezing of assets" but their confiscation - covering property (ie: bank accounts, computers) or evidence. As currently drafted the Directive concerns only the "gathering" of evidence. At the Article 36 Committee (CATS) in June: "the Commission and the Council Legal Service appealed to Member States to carefully weight pros and cons of such inclusion". This Council Presidency Note offers three Options which include (Option C) the "both freezing of evidence and freezing of assets" (ie: confiscation). It should be noted that by the nature of the EIO the suspect may not have been either been charged or convicted.

See Statewatch Observatory: European Investigation Order

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