European Criminal Investigation Order issued under Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014. Appeal against the ruling ordering the issuance of the European investigation order during the trial

DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

Abstract

The provisions of Law no. 302/2004 on international judicial cooperation in criminal matters, republished, which regulates the issuance of the European investigation order by the Romanian authorities, do not provide for the possibility of filing the appeal against the decision ordering the court to issue such an order during the trial. On the contrary, Article 338 paragraph (2) of Law No 302/2004 republished, provides that: 'the substantive reasons for issuing the European investigation order may be challenged only before the issuing authority'.

The issuance of an European investigation order in criminal matters, during the trial, is a matter of production of evidence, left to the court in charge of resolving the case. Therefore, the appeal against the court ruling for the issuance of such an order is inadmissible, since according to the Code of Criminal Procedure no appeal can be filed against the rulings regarding the production of evidence, but such a ruling can be appealed only with the merits.