设立欧洲检察官办公室,打击侵害欧盟经济利益的刑事犯罪

Sanja Jelisavac Trošić, Jelena Kostić
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摘要

2017年,在欧盟层面,通过了两项对打击损害欧盟经济利益的刑事犯罪具有重要意义的条例:《关于通过刑法打击损害欧盟经济利益的欺诈行为的指令》和《关于建立欧洲检察官办公室(EPPO)加强合作的条例》。刑事实体法对这些利益的保护在会员国中并没有像设立刑事保护组织那样遇到阻力。根据实施条例的规定,在建立EPPO方面加强合作由国家委派的检察官进行,刑事诉讼由成员国的法院进行。检察官和法官在有关这些刑事犯罪的诉讼程序中的经验也可提高对侵犯会员国经济利益的犯罪人进行诉讼的相关知识和技能。在本文中,作者试图指出及时和充分制裁上述罪行的肇事者的重要性。因此,作者指出了设立欧洲检察官办公室的好处,以便打击不仅损害欧盟经济利益,而且损害国家经济利益的犯罪。然而,欧洲检察官的概念并没有被完全接受,因为该条例包含的不合逻辑仍然使成员国无法接受。因此,为了更广泛地接受EPPO的设立,有必要修改该法规的这些条款。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
ESTABLISHING THE EUROPEAN PUBLIC PROSECUTOR’S OFFICE AND SUPPRESSION OF CRIMINAL OFFENSES AGAINST THE EU FINANCIAL INTERESTS
During 2017, at the level of the European Union, two regulations of importance for the suppression of criminal offenses against the EU financial interests have been passed: Directive on the fight against fraud to the Union’s financial interests by means of criminal law and Regulation implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (EPPO). The protection of these interests by the criminal substantive legislation did not encounter such resistance in the Member States as an idea of the establishment of the EPPO. Pursuant to the provisions of Regulation implementing enhanced cooperation on the establishment of the EPPO are carried out by national delegated prosecutors, and the criminal proceedings are conducted by the courts of the Member States. The experience of the public prosecutors and judges in proceedings concerning those criminal offenses may also enhance knowledge and skills of relevance to the conduct of proceedings against perpetrators of offenses against financial interests of the Member States’. In the paper authors are trying to point out the importance of timely and adequate sanctioning the perpetrators of the above-mentioned crimes. Consequently authors point to the advantages of establishing the European Public Prosecutor’s Office in order to combat crimes that damage not only the financial interests of the European Union, but also the national financial interests. However, the concept of the European Public Prosecutor is not fully accepted, because the Regulation contains illogicalities that still make it unacceptable for member states. Therefore, in order for wider acceptance the establishment of the EPPO, it is necessary to amend these provisions of the Regulation.
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