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Directive 2014/41/EU of the European Parliament and of the CouncilShow full title

Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters

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Article 1The European Investigation Order and obligation to execute it

1.A European Investigation Order (EIO) is a judicial decision which has been issued or validated by a judicial authority of a Member State (‘OGthe issuing State’) to have one or several specific investigative measure(s) carried out in another Member State (‘the executing State’) to obtain evidence in accordance with this Directive.

The EIO may also be issued for obtaining evidence that is already in the possession of the competent authorities of the executing State.

2.Member States shall execute an EIO on the basis of the principle of mutual recognition and in accordance with this Directive.

3.The issuing of an EIO may be requested by a suspected or accused person, or by a lawyer on his behalf, within the framework of applicable defence rights in conformity with national criminal procedure.

4.This Directive shall not have the effect of modifying the obligation to respect the fundamental rights and legal principles as enshrined in Article 6 of the TEU, including the rights of defence of persons subject to criminal proceedings, and any obligations incumbent on judicial authorities in this respect shall remain unaffected.

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