Nuove frontiere di gestione della transnazionalità oltre l'EPPO: il Regolamento 2024/3011 sul trasferimento dei procedimenti penali

The paper addresses a number of issues relating to the recent Regulation on the transfer of criminal proceedings, which sets itself the ambitious goal of preventing double jeopardy at a transnational level. In particular, having highlighted the inadequacy of the regulatory instruments in place in both ‘great’ and ‘small’ Europe, it analyses the main innovations of the European text regarding the criteria laid down for transfer and the safeguards provided for suspects and victims at the various stages – from the request to the decision of the requested State – of the proceedings. The study then focuses on the implications of the transfer regarding the use of evidence in the requested State, highlighting the similarities with the provisions of the EPPO Regulation. Whilst the added value of the new regulation is undeniable, the analysis does not fail to highlight certain ‘shadows’ looming over the effectiveness of the safeguards for those involved in the transfer, a phenomenon with multiple implications.