Cross border investigation and prosecution of bribery and corruption offences

The paper will consider the investigation and prosecution of cross border corruption and bribery from a Scottish and EU perspective. It will consider more widely and fully the investigative powers available in such cases including the use of international mutual legal assistance instruments, as well as extradition. Moreover, it will consider the absence of common minimum standards and rules for the admissibility and recovery of evidence, including the oral evidence of witnesses outwith the jurisdiction which exercises criminal jurisdiction and further consider mechanisms to determine jurisdiction to ameliorate the current absence of common rules. The paper will also highlight European experience with the concept of mutual recognition as a cornerstone of judicial cooperation and the wider international instruments in the field of mutual legal assistance in cross border cases. © 2014 ERA.