Concurrent Jurisdiction

Definition

Concurrent jurisdiction (also: conflicts of jurisdiction) exists when several states simultaneously claim criminal jurisdiction over the same offense or the same person. This can result in a person being prosecuted in different countries or being requested for extradition by several states at the same time.

Causes

Concurrent jurisdiction typically arises in cross-border offenses: the offender and the place of the offense are located in different states, the offense has effects in several countries, or the person holds several nationalities. This is particularly common in the internet sphere or in white-collar crime.

Solution under EU law: Eurojust

Eurojust is the EU body that coordinates in cases of concurrent jurisdiction in Europe and issues recommendations as to which state should take over the prosecution. The recommendations are not binding, but in practice they are regularly followed. The criteria are: where the center of gravity of the offense lies, where the evidence is, and which country has the strongest connection to the offense.

Ne bis in idem

Where a person has already been finally convicted or acquitted in one state, the ne bis in idem principle (Article 50 of the EU Charter, Article 54 CISA, Section 9 IRG) protects against renewed prosecution in another EU state for the same offense. At the same time, this is a bar to extradition.

Significance for the defense

In cases of concurrent jurisdiction, the defense can argue that the more favorable forum — for example, the home state — should take over the prosecution. An ongoing or concluded prosecution in another state can be invoked as a bar to extradition.

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