Datagov Opendata Platform

Criminal procedure transfer of jurisdiction is a deep and comprehensive development of criminal cooperation matters between countries to resolve conflicts of criminal jurisdiction. It is more active and extensive than general criminal judicial assistance. European countries generally consider this international cooperation method worthy of recognition, and therefore signed the "European Convention on the Transfer of Proceedings in Criminal Matters" on May 15, 1972, which provides complete and detailed provisions on the conditions, principles, and procedures for the transfer of criminal jurisdiction among the signing European countries. This is to make up for extradition difficulties, effectively punish crimes, promote judicial economy, and resolve disputes over criminal jurisdiction. The "Cross-Strait Joint Crime Fighting and Judicial Assistance Agreement" currently does not have provisions for this system. In the future, when the requested party refuses to extradite the offender, the requesting party may consider transferring the criminal jurisdiction to the requested party and providing relevant evidence and data, allowing the requested party to conduct criminal proceedings smoothly and prevent criminals from escaping justice. The "European Convention on the Transfer of Proceedings in Criminal Matters" can serve as a reference for the complete design of substantive and procedural requirements for this.