Page contentsPage contents Background Increasing cross-border crime has led to more and more cases where several Member States have jurisdiction to prosecute the same case. Parallel or multiple prosecutions can be inefficient and ineffective, but also possibly detrimental to the rights of the individuals concerned as a person may not be prosecuted or punished for the same offence twice (the so-called ‘ne bis in idem’ principle, enshrined in Article 50 of the Charter of Fundamental Rights of the EU).Common rules to transfer criminal proceedings to another Member State were needed to efficiently fight cross-border crime and to ensure that the best-placed Member State investigates or prosecutes a criminal offence. Transfer of criminal proceedings between EU Member States The 2024 Regulation on the transfer of criminal proceedings creates common rules to make it easier to transfer criminal proceedings from one EU Member State to another by:Creating a swift procedure, via a request form, for the transfer of criminal proceedings from one Member State to another, where the objective of an efficient and proper administration of justice would be better served by conducting criminal proceedings in the other Member State;Laying down limited grounds for refusal: the Regulation identifies specific criteria on the basis of which a Member State can refuse a request for transfer;Including strong safeguards for the individuals concerned: the new rules guarantee strong protection of fundamental rights. The suspect or accused person and the victim benefit from various safeguards, including the possibility to state an opinion on a transfer request. The Regulation ensures that suspects, accused persons and victims have the right to a legal remedy in the requested State against a decision to accept the transfer of criminal proceedings, as well as the right of access to all documents related to the transfer of criminal proceedings;Providing legal certainty: applying the same rules across the EU will improve legal certainty and clarity for authorities and citizens;Creating a decentralised IT system through which all cross-border communication between the requesting and requested authorities can take place in a secure and reliable way.The Regulation, which was adopted on 27 November 2024, enters into application between EU Member States (except for Denmark) from 1 February 2027. Article 24 on the use of the decentralised IT system starts applying from the first day of the month following the period of two years from the date of entry into force of the implementing acts for its establishment. Documents 23 JANUARY 2025Regulation (EU) 2024/3011 of the European Parliament and of the Council of 27 November 2024 on the transfer of proceedings in criminal matters Related linksPress releaseRead the full press release - 5 April 2023Questions and AnswersRead the Questions and Answers - 5 April 2023