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Directive (EU) 2019/713 TITLE III — JURISDICTION AND INVESTIGATION

Article 12–Article 13 · 2 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Jurisdiction

Article 12

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1.   Each Member State shall take the necessary measures to establish its jurisdiction over the offences referred to in Articles 3 to 8 where one or more of the following apply: (a) the offence is committed in whole or in part on its territory; (b) the offender is one of its nationals. 2.   For the purposes of point (a) of paragraph 1, an offence shall be considered to have been committed in whole or in part on the territory of a Member State where the offender commits the offence when physically present on that territory and irrespective of whether the offence is committed using an information system on that territory. 3.   A Member State shall inform the Commission where it decides to establish jurisdiction over an offence referred to in Articles 3 to 8 committed outside its territory, including where: (a) the offender has his or her habitual residence in its territory; (b) the offence is committed for the benefit of a legal person established in its territory; (c) the offence is committed against one of its nationals or a person who is a habitual resident in its territory.

Effective investigations and cooperation

Article 13

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1.   Member States shall take the necessary measures to ensure that investigative tools, such as those which are used in countering organised crime or in other serious crime cases, are effective, proportionate to the crime committed and available to the persons, units or services responsible for investigating or prosecuting the offences referred to in Articles 3 to 8. 2.   Member States shall take the necessary measures to ensure that, where national law obliges natural and legal persons to submit information regarding offences referred to in Articles 3 to 8, such information reaches the authorities investigating or prosecuting those offences without undue delay.

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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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