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.
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.
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.
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]
European Investigation Order
European Investigation Order - 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 European Investigation Order write by Maria Angela Biasiotti. This book was released on 2024-08-04. European Investigation Order available in PDF, EPUB and Kindle. In the era of globalisation, cross-border crimes are becoming increasingly common. The nature of these crimes is complex, and cross-border evidence exchange is, therefore, crucial to the successful prosecution of these offences. The exchange of evidence between countries can provide invaluable assistance in solving crimes that have an international dimension. The European Investigation Order (EIO) allows judicial authorities to request evidence more quickly and easily than via traditional instruments. The EIO has become the primary legal tool for gathering trans-border evidence, replacing the traditional Mutual Legal Assistance (MLA) conventions previously used. However, the EIO is not the only pertinent legal instrument for cross-border evidence gathering within the EU. Accordingly, professionals need a clear understanding of this subject. Exchanging evidence among judicial authorities in the EU Member States presupposes twoessential components. First, there must be a secure communication channel. This is provided by e-CODEX, which offers a European digital infrastructure for secure cross-border communication in the field of justice. Recently (May 30th, 2022), the e-CODEX system became the digital backbone of EU judicial cooperation in civil and criminal matters on the basis of Regulation 2022/850. To achieve effective evidence exchange via EIO/MLA legal instruments, there must also be a communication tool. This is provided by the e-Evidence Digital Exchange System, which is capable of managing any EIO/MLA procedures/instruments, from the e-Forms (EIO Annexes) to the whole business logic, on the basis of the e-CODEX system. Finally, it is essential to use a uniform standard for the representation of evidence data and metadata, so as to streamline the process and make investigations more effective, in particular when it comes to complicated criminal cases where it is key to find either correlations amongdifferent cases or to extract multiple types of data from the same inspection. The importance of cross-border evidence exchange in criminal matters cannot be overstated. This book addresses all the above-mentioned aspects, offering an up-to-date overview of scenarios in cross-border judicial cooperation from both juridical and technical standpoints.
