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Regulation (EU) 2024/3011 of the European Parliament and of the Council of 27 November 2024 on the transfer of proceedings in criminal matters article 16 CELEX: 32024R3011 Information to be provided to the victim about the decision to accept or refuse the transfer
1. Where the requested authority has taken a decision in accordance with Article 11(1) of this Regulation to accept the transfer of criminal proceedings, and the victim is a natural person who resides in the requesting State and receives the information about the criminal proceedings in accordance with Article 6(1) of Directive 2012/29/EU, as implemented in national law, or is a legal person that is established in the requesting State and receives such information in accordance with national law, the requested authority shall, without undue delay, inform the victim in a language which the victim understands about: (a) the decision to accept the transfer by the requested authority; and (b) the victim’s right to an effective legal remedy in the requested State, including the time-limits for such a remedy. Where appropriate, the requested authority may seek the assistance of the requesting authority in order to carry out the tasks referred to in this paragraph. |
Regulation (EU) 2024/3011 of the European Parliament and of the Council of 27 November 2024 on the transfer of proceedings in criminal matters article 16 CELEX: 32024R3011 2. In cases where the victim is present in the requesting State, the requested authority may, for the purposes of paragraph 1, transmit the completed version of the form set out in Annex V to the requesting authority. In such cases, the obligations under paragraph 1 shall apply mutatis mutandis to the requesting authority, which shall inform the requested authority accordingly. 3. Where the requested authority has taken a decision in accordance with Article 11(1) of this Regulation to refuse the transfer of criminal proceedings, and the victim is a natural person who resides in the requesting State and receives the information about the criminal proceedings in accordance with Article 6(1) of Directive 2012/29/EU, as implemented in national law, or is a legal person that is established in the requesting State and receives such information in accordance with national law, the requesting authority shall, without undue delay, inform the victim in a language which the victim understands, about the decision to refuse the transfer. |
Regulation (EU) 2024/3011 of the European Parliament and of the Council of 27 November 2024 on the transfer of proceedings in criminal matters article 16 CELEX: 32024R3011 4. The requested authority shall not be required to fulfil the obligations laid down in paragraph 1 and the requesting authority shall not be required to fulfil the obligations laid down in paragraph 3 where: (a) the fulfilment of those obligations would undermine the confidentiality of an investigation or otherwise prejudice the investigation; or (b) the victim cannot be located or reached despite reasonable efforts being made by the requested authority or the requesting authority, respectively. |