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欧盟欺诈犯罪侦诉主体从反欺诈协调组织到《里斯本条约》规定的欧洲检察官办公室,经过了漫长的改革过程。从只有调查权到拥有侦查权再到同时具有侦查和起诉权,代表了欧盟警务与刑事司法合作改革的方向。欧盟欺诈犯罪侦诉主体的改革是欧盟警务与刑事司法合作发展的一个缩影,欧洲检察官办公室的成立是该合作的一个阶段性成果。欧洲检察官办公室的成功之处在于它初步解决了侦诉主体的职能、独立性以及适用的程序、证据与法律等一系列问题,为欧洲一体化奠定了基础。在与成员国博弈过程中,欧盟必须依靠其自身的法律和机构进行对抗,也必须依赖专家和学者们的智慧。而欧盟欺诈犯罪侦诉主体改革的经验与教训对我国检察机关打击贪污贿赂犯罪乃至改革整个司法制度都有着一定的借鉴作用。
The main body of the investigation of fraud crimes in EU has gone through a lengthy reform process from the Anti-Fraud Coordination Group to the European Prosecutor’s Office under the Lisbon Treaty. From the right of investigation to the right of investigation to the right of investigation and prosecution at the same time, it represents the direction of EU police and criminal judicial cooperation reform. The reform of the main subject of investigation and prosecution of fraud in the EU is a microcosm of the development of cooperation between police and criminal justice in the EU. The establishment of the European Prosecutor’s Office is a staged result of the cooperation. The success of the Office of the European Prosecutor lies in the fact that it has initially solved a series of issues such as the function and independence of the investigative body and the applicable procedures, evidence and laws, laying the foundation for European integration. In its game with member states, the EU must rely on its own laws and institutions to confront its own efforts and must rely on the wisdom of experts and scholars. However, the experience and lessons learned from the reform of the main body of the investigation of fraud crimes in the EU have certain reference to our country’s procuratorial organs in cracking down crimes of corruption and bribery and even reforming the entire judicial system.