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Investigation and prosecution in the light of Regulation 2017/1939 and the Czech Criminal Procedure Code

Publication at Faculty of Law |
2021

Abstract

The European Public Prosecutor's Office (EPPO) is a significant step forward when it comes to Europeanisation of criminal law. However, if we look closer at the legal framework that defines this new EU institution de iure, we find a lot of ambiguities and problems.

The terms investigation and prosecution are one of them. These legal institutes, which are essential for criminal proceedings, are understood by the EU regulation 2017/1939 differently than are understood by the Czech Criminal Procedure Code.

The aim of this article is to focus on these differences. Beside this, the article also mentions the implications of these ambiguities for the criminal proceedings to be conducted by the European Public Prosecutor's Office.