The new institutional design of the european public prosecutor office (EPPO) and the simplified procedure of accusation or agreement

Abstract

The establishment of the European Public Prosecutor Office in the framework of the area of freedom, security and justice is going to create a new judicial actor in charge of fighting crimes against the EU´s financial interests in a more effectively way. The new institution is going to help to build the confidence of the citizens and the companies that operate in the European Union, achieve a better presentation of a public service and increase the global perception of safety that will reverberate in benefit of the setting of the Union.

This article will analize the model from the initial proposal presented by the Commission on 17 July 2013 based on a vertical configuration, as an office of investigation and prosecution in the entire territory of the Members States as if it were the only common space; to the new regulation of the Council base on a horizontal model organised by an European Association of Public Prosecutors and The Rooms of Chambers, avoiding the excessive power of the European Chief Prosecutor and limiting the number of Deputy Prosecutors.

In addition it will explain the transaction or agreement with the investigated or the accused which allows to accelerate the process, to recognize the fact by the offender, to favour his rehabilitation and effectively recover the amounts of money evaded to the financial interests of the Union. This will be studied from the national Spanish plane before and after the reform operated in the procedural law in 2015; in the area of the European Union, according to the proposed of regulation of the consolidate text, to conclude with a range of considerations on the possible incardination of its model in our judicial system.