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IntroductionThis article explores some unintended side-effects of the EU-Counsel's decision to exchange information on criminal convictions within the European Union. In the aftermath of the Belgian-French Fourniret case the European Commission insists on an urgent implementation of the Counsel's decision and announced a Communication to that purpose before the end of 2005. The approach taken here is based on the theory of chaincomputerisation, thus taking closer account of the specific problems of large-scale information exchange and cross-border cooperation in law enforcement to prevent crossborder crime or migration of criminals from going unnoticed. Chain-analysis of the necessary information exchange demonstrates that unless we adopt additional precautions the volume of identity fraud in criminal cases involving nationals abroad will increase substantially. This will cause national criminal records to be more often incomplete and incorrect, resulting in wrong decisions, for instance in relation to sensitive appointments like Fourniret's. Abroad, criminals can easily make use of other identities because these cannot effectively be checked by foreign law enforcing authorities. Cross-border identity fraud in criminal cases enables criminals to disperse their crimes over a set of criminal records while keeping their true identities clean. The insights derived from this chainanalysis prove to be essential for a consistent European system of cross-border use of national criminal registers.
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