Cross-border Evidence Gathering : Equality of Arms Within the EU? - 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 Cross-border Evidence Gathering : Equality of Arms Within the EU? write by . This book was released on 2017. Cross-border Evidence Gathering : Equality of Arms Within the EU? available in PDF, EPUB and Kindle.
Cross-border Evidence Gathering
Cross-border Evidence Gathering - 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 Cross-border Evidence Gathering write by Marloes C. van Wijk. This book was released on 2017. Cross-border Evidence Gathering available in PDF, EPUB and Kindle. In order to develop an Area of Freedom, Security and Justice, the European Union is adopting measures to enhance international cooperation in criminal matters among the police and judicial authorities of its Member States. The adopted instruments concerning evidentiary matters-such as the gathering of evidence in another EU Member State-seem to serve the main purpose of assisting the authorities in investigating and prosecuting (cross-border) crime. This raises the question to what extent the defence is also given the possibility to gather information and materials in another EU Member State with the aim of preparing and presenting its case at trial and, in particular, whether the current (EU) legal framework on cross-border evidence gathering meets the requirements of the principle of equality of arms. This book addresses these questions by, first of all, discussing the application of the principle of equality of arms, as enshrined in both Article 6 ECHR and Article 47 CFR, in cross-border criminal cases. Secondly, it provides an overview of the European treaties and legislation on cross-border evidence gathering to explain to what extent they give opportunities to the defence to request the assistance of foreign authorities in obtaining specific information and materials in another EU Member State, and also to participate in the execution of these requests. In addition, in order to understand how the European treaties and legislation on cross-border evidence gathering are applied by the EU Member States, this book includes a comparative study of three national jurisdictions: the Netherlands, England and Wales, and Italy. Furthermore, it analyzes the criminal justice system of the International Criminal Court as a potential source of inspiration for new EU legislation to strengthen the ability of the defence to obtain evidence in another EU Member State. This book is part of the Pompe series, which contains publications by staff members of the Willem Pompe Institute for Criminal Law and Criminology in Utrecht, and by authors closely aligned to the school of thought for which the Institute is known. (Series: Willem Pompe Institute, Vol. 85) [Subject: Criminology, EU Law]
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.
Admissibility of Evidence in EU Cross-Border Criminal Proceedings
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.
Criminal Procedures and Cross-border Cooperation in the EU Area of Criminal Justice
Criminal Procedures and Cross-border Cooperation in the EU Area of Criminal Justice - 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 Criminal Procedures and Cross-border Cooperation in the EU Area of Criminal Justice write by Anne Weyembergh. This book was released on 2020. Criminal Procedures and Cross-border Cooperation in the EU Area of Criminal Justice available in PDF, EPUB and Kindle.
