Preliminary examination of information

Abstract

Decisions to open an investigation cannot be taken lightly. Investigative bodies have hence set up units or teams and approved procedures aiming to make informed and consistent choices in what initial information justifies further inquiry. In this chapter, we explore what these procedures are and if they could be improved. Key questions to consider include: What factors and processes influence the decision to initiate an investigation? What verifications are necessary and/or permissible during the assessment phase? What criteria, such as guidelines, rules and standards, are utilized in this process? This chapter includes certain parallels between criminal and non-criminal (pre-)investigative activities and bodies, such as between the EPPO and OLAF. However, it does not intend to downplay the fundamentally different legal frameworks and institutional logics between them, including in terms of procedural safeguards, judicial oversight and evidentiary thresholds.