Admissibility of Evidence in EU Cross-Border Criminal Proceedings - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Admissibility of Evidence in EU Cross-Border Criminal Proceedings write by Lorena Bachmaier Winter. This book was released on 2024-05-16. Admissibility of Evidence in EU Cross-Border Criminal Proceedings available in PDF, EPUB and Kindle. This book provides a systematic and analytical account of the problems facing transnational criminal justice. It details actual problems arising in the transnational prosecution of crimes; assesses existing obstacles on admissibility of evidence; in particular with regard to electronic evidence, assesses the impact that the impediment of free circulation of evidence has on fundamental rights of the defendants facing criminal trial; and finally drafts a proposal for the future of regulation for this complex topic. The book therefore contributes to the debate on the creation of an Area of Freedom, Security and Justice in the EU. It offers insights on how to outline the main general rules that could be adopted at EU level in a manner that adequately balances the need for efficiency in prosecution and the protection of human rights. With contributions of renowned experts in the field, the book addresses the discussion of a potential legislative proposal with the help of insight into the experience and conceptual context of the rules of evidence at the national level. The legislative proposal was adopted by the European Law Institute, who supported the work reflected in this book.
EU Cross-border Gathering and Use of Evidence in Criminal Matters
EU Cross-border Gathering and Use of Evidence in Criminal Matters - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook EU Cross-border Gathering and Use of Evidence in Criminal Matters write by Gert Vermeulen. This book was released on 2010. EU Cross-border Gathering and Use of Evidence in Criminal Matters available in PDF, EPUB and Kindle. The European Council set out the 2007 specific program on 'Criminal Justice' as part of the General Program on Fundamental Rights and Justice. The concrete objectives of the program include the promotion of the principle of mutual recognition and mutual trust, eliminating obstacles created by disparities between Member States judicial systems, and improving knowledge of Member States' legal and judicial systems in criminal matters, and the exchange and dissemination of good practice. As part of this program, the European Commission awarded a contract to the Institute of International Research on Criminal Policy to conduct the study. This book is the result of that study. The initial aim of the study was to obtain up-to-date information on the national laws of the EU Member States on the gathering and handling of evidence and to analyze that information in the light of recent developments in legislation governing cross-border transmission of evidence, in particular the 2008 European Evidence Warrant. In addition, it was the intention of the European Commission to initiate preparatory work on a legal instrument that would expand the scope of application of the European Evidence Warrant in order to further replace the existing regime of mutual legal assistance within the EU by a mechanism based on the mutual recognition principle. As a result, the study was broadened to also assess whether or not a mutual recognition-based EU mutual legal assistance regime is desirable and feasible. Whereas the Green Paper on obtaining evidence in criminal matters (issued in 2009 by the European Commission) raises general questions on the matter, this book provides an in-depth and full-scale overview of the current situation relating to cross-border gathering, obtaining, and admissibility of evidence in criminal matters between the EU Member States, as well as clear-cut future legal and policy options. This book is essential reading for EU policy makers, as well as judicial and law enforcement authorities throughout the EU and from a broader international context. It will be particularly appealing also to the research community and anyone involved in or taking an interest in criminal policy initiatives in the EU.
Study on Cross-border Use of Evidence in Criminal Proceedings
Study on Cross-border Use of Evidence in Criminal Proceedings - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Study on Cross-border Use of Evidence in Criminal Proceedings write by . This book was released on 2023. Study on Cross-border Use of Evidence in Criminal Proceedings available in PDF, EPUB and Kindle. Evidence plays a crucial role in criminal proceedings. Nowadays, the European Union (EU) has a comprehensive legal framework in the area of judicial cooperation in criminal matters. Instruments based on the principle of mutual recognition constitute the core of this framework. The cross-border gathering of evidence follows, depending on the instrument of cooperation chosen, either the law of the executing state (locus regit actum principle) or that of the issuing state (forum regit actum principle). Throughout the last decades, cross-border criminal proceedings are increasing both in numbers and complexity. For instance, in 2019, the European Union Agency for Criminal Justice Cooperation (Eurojust) received requests for assistance in nearly 8 000 cross-border criminal investigations, representing an increase of 17 % compared to 2018. However, there are still substantial differences in the way Member States regulate the gathering and admissibility of criminal evidence. These differences may constitute an obstacle in cross-border (EU) cases, because the admissibility of evidence is primarily a matter for regulation by national law and it is for the national courts to assess such evidence. The objective of this study is to analyse existing national rules on the collection, and (in)admissibiliy of evidence and identify problems or gaps in the context of cross-border (EU) situations with a view to inform the Commission's assessment of the need for specific and more comprehensive EU-wide rules in relation to the admissibility of criminal evidence in cross-border (EU) cases. The study covers the period from 2010 until March 2022 and covers all EU Member States. It provides an overview of the existing national rules applicable to cross-border (EU) gathering and (in)admissibility of criminal evidence and their application, highlighting commonalities and divergences. On the basis of this legal mapping and stakeholder consultation, the study identifies the existing problems and the underlying drivers and investigates possible options to address these problems. The data presented in the report is based on desk research and stakeholder consultation carried out through scoping interviews, a survey and semi-structured interviews. These were completed by two case studies, which investigated some of the issues linked to the admissibility of criminal evidence, respectively on inadmissibility of cross-border evidence and on the defence's inability to challenge court decisions on the (in)admissibility of criminal evidence gathered in another Member State.
Transnational Evidence and Multicultural Inquiries in Europe
Transnational Evidence and Multicultural Inquiries in Europe - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Transnational Evidence and Multicultural Inquiries in Europe write by Stefano Ruggeri. This book was released on 2013-12-12. Transnational Evidence and Multicultural Inquiries in Europe available in PDF, EPUB and Kindle. This book deals with the gathering of evidence in cross-border investigations in Europe. The issue of obtaining evidence in and from European countries has been among the most debated issues of EU cross-border cooperation in criminal matters over the last two decades, going through periods of intensive discussions and showing an extraordinary adaptability to the evolution of EU legislation for criminal matters. On the other hand, the prosecution and investigations of cross-border cases pose unprecedented challenges in the European scenario, characterized by the increasing flow and activity of citizens over the territory of more than one country and therefore by the need to lay the foundations of a transcultural criminal justice system. The book analyses this complex topic starting with the current perspectives of EU legislation, thus providing a critical analysis of the legislative initiative aimed at introducing a new tool for gathering almost any type of evidence in other Member States, i.e., the European Investigation Order. On a second level, this study deals with the solution models and human rights challenges posed by the increasingly intensive dialogues between domestic and supranational case laws, and formulates essential guidelines for setting up a fair transnational enquiry system in Europe.
Mutual admissibility of evidence in criminal matters in the EU (IRCP-series, vol. 53)
Mutual admissibility of evidence in criminal matters in the EU (IRCP-series, vol. 53) - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Mutual admissibility of evidence in criminal matters in the EU (IRCP-series, vol. 53) write by Martyna Kusak. This book was released on 2017-01-26. Mutual admissibility of evidence in criminal matters in the EU (IRCP-series, vol. 53) available in PDF, EPUB and Kindle. Any effort to gather evidence may prove pointless without ensuring its admissibility. Nevertheless, the EU, while developing instruments for smooth gathering of evidence in criminal matters, is not taking much effort to enhance its admissibility. Due to the lack of common rules in this matter, gathering and use of evidence in the EU cross-border context is still governed by the domestic law of the member states concerned. This may lead to situations where, given the differences between legal systems across the EU, evidence collected in one member state will not be admissible in other member states. Due to the fact that the Lisbon Treaty opened the possibility to adopt minimum rules concerning, among other things, the mutual admissibility of evidence, this research investigates the concept of minimum standards designed to enhance mutual admissibility of evidence in the EU. Through a study of two investigative measures, telephone tapping and house search, the author examines whether coming to various common minimum standards is feasible and whether compliance with these standards would finally shape the as yet nonexistent concept of the free movement and mutual recognition of evidence in criminal matters in the EU. Essential reading for both national and EU policy makers, scholars and practitioners involved in cross-border gathering of evidence in the EU.
