La transposición de la orden europea de investigación en materia penal en el ordenamiento español

Abstract

The Directive 2014/41/EU, regarding the European Investigation Order in criminal matters, introduces into the field of judicial cooperation a new and necessary instrument of mutual recognition for the transnational acquisition of evidence. The transposition of the Directive in the Member States has been irregular. Spain has been one of the States that has incorporated it into its law beyond the deadline established in the Directive. The transposition was carried out with the reform of Act 23/2014, on mutual recognition of judicial decisions in criminal matters in the European Union. In the new regulation, a special role is given to the Public Prosecutor's Office, next to the judges and courts, in the procedure for the issuance, recognition or execution of the European investigation order. It is necessary to study both the Directive and the Act of transposition, to analyze the interpretative problems that may arise with respect to EU law and that of other Member States, in this area where there is no real legislative convergence. This affects both the issuance and the recognition and execution of the European investigation order, given the importance of the binomial lex fori and lex loci.