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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  11

CELEX:  32024R3011

Decision of the requested authority
1. The requested authority shall take a decision on whether to accept or refuse the transfer of criminal proceedings in whole or in part, and shall decide, in accordance with its national law, on the measures to be taken. A decision to accept the transfer of criminal proceedings shall be duly reasoned.
2. The requested authority shall communicate the decision referred to in paragraph 1 of this Article to the requesting authority, in accordance with the time-limits set out in Article 13.
3. If the requested authority considers the information communicated by the requesting authority to be insufficient to allow it to decide whether to accept or refuse the transfer of criminal proceedings, it may request additional information as it deems necessary. The requesting authority shall provide the requested additional information without undue delay, if available, accompanied by a translation into an official language of the requested State or any other language accepted by the requested State in accordance with Article 32(1), point (d).
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  11

CELEX:  32024R3011

4. If the requested authority decides to refuse the transfer of criminal proceedings in accordance with Article 12, it shall inform the requesting authority of the reasons for such refusal.
5. Where the requesting authority has received the reasoned decision to accept the transfer of criminal proceedings pursuant to paragraph 1 of this Article, the requesting authority shall without undue delay forward to the requested authority the original or a certified copy of the case file or relevant parts thereof, accompanied by their translation into an official language of the requested State or any other language accepted by the requested State in accordance with Article 32(1), point (d).
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  11

CELEX:  32024R3011

6. If the criminal proceedings are discontinued in accordance with Article 21, the requesting authority shall without undue delay transmit any remaining relevant parts of the case file, in original or certified copy, including relevant physical evidence, to the requested authority. In the event that a certified copy of the case file has already been provided to the requested authority, the requesting authority shall, upon request of the requested authority, transmit the original documents of the case file. The requesting State may require that the original documents of the case file or physical evidence be returned to it when those documents or that evidence is no longer required in the requested State or at the end of the proceedings in the requested State. Where the requesting State, if asked to do so by the requested State, has indicated that it does not intend to recover the original documents of the case file or the physical evidence when it is no longer required or at the end of the proceedings, the requested State may determine, in accordance with its national law, how to deal with the remaining evidence, including whether to preserve or destroy such evidence.
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  11

CELEX:  32024R3011

7. For the purposes of paragraphs 5 and 6, the requesting authority and requested authority may consult each other in order to determine the relevant parts of the case file to be forwarded and translated.