Admissibility Of Evidence In Eu Cross Border Criminal Proceedings

Download Admissibility Of Evidence In Eu Cross Border Criminal Proceedings full books in PDF, epub, and Kindle. Read online Admissibility Of Evidence In Eu Cross Border Criminal Proceedings ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

Admissibility of Evidence in EU Cross-Border Criminal Proceedings

Author : Lorena Bachmaier Winter
Publisher : Bloomsbury Publishing
ISBN 13 : 1509972005
Total Pages : 268 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!

Book Synopsis Admissibility of Evidence in EU Cross-Border Criminal Proceedings by : Lorena Bachmaier Winter

Download or read book Admissibility of Evidence in EU Cross-Border Criminal Proceedings written by Lorena Bachmaier Winter and published by Bloomsbury Publishing. This book was released on 2024-05-16 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Gert Vermeulen
Publisher : Maklu
ISBN 13 : 9046603431
Total Pages : 256 pages
Book Rating : 4.0/5 (466 download)

DOWNLOAD NOW!

Book Synopsis EU Cross-border Gathering and Use of Evidence in Criminal Matters by : Gert Vermeulen

Download or read book EU Cross-border Gathering and Use of Evidence in Criminal Matters written by Gert Vermeulen and published by Maklu. This book was released on 2010 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author :
Publisher :
ISBN 13 : 9789276605836
Total Pages : 0 pages
Book Rating : 4.6/5 (58 download)

DOWNLOAD NOW!

Book Synopsis Study on Cross-border Use of Evidence in Criminal Proceedings by :

Download or read book Study on Cross-border Use of Evidence in Criminal Proceedings written by and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Stefano Ruggeri
Publisher : Springer Science & Business Media
ISBN 13 : 3319025708
Total Pages : 231 pages
Book Rating : 4.3/5 (19 download)

DOWNLOAD NOW!

Book Synopsis Transnational Evidence and Multicultural Inquiries in Europe by : Stefano Ruggeri

Download or read book Transnational Evidence and Multicultural Inquiries in Europe written by Stefano Ruggeri and published by Springer Science & Business Media. This book was released on 2013-12-12 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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)

Author : Martyna Kusak
Publisher : Maklu
ISBN 13 : 9046608409
Total Pages : 245 pages
Book Rating : 4.0/5 (466 download)

DOWNLOAD NOW!

Book Synopsis Mutual admissibility of evidence in criminal matters in the EU (IRCP-series, vol. 53) by : Martyna Kusak

Download or read book Mutual admissibility of evidence in criminal matters in the EU (IRCP-series, vol. 53) written by Martyna Kusak and published by Maklu. This book was released on 2017-01-26 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Towards a System of European Criminal Justice

Author : Andrea Ryan
Publisher : Routledge
ISBN 13 : 1317671171
Total Pages : 317 pages
Book Rating : 4.3/5 (176 download)

DOWNLOAD NOW!

Book Synopsis Towards a System of European Criminal Justice by : Andrea Ryan

Download or read book Towards a System of European Criminal Justice written by Andrea Ryan and published by Routledge. This book was released on 2014-06-05 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the developing landscape of a European criminal justice sphere comes an increasing imperative for scholars and practitioners to gain some insight into the diversity that exists in the criminal justice systems of European Union Member States. This book explores the mutual admissibility of evidence; a facet of EU criminal justice that is proving difficult to realise. While the Lisbon Treaty places the issue of mutual admissibility of evidence squarely on the agenda, the EU instruments to date have not succeeded in achieving this goal. Andrea Ryan argues that part of the reason for this failure is that while the mutual recognition instruments have focussed on the issue of gathering evidence and safeguarding suspects’ rights, they have not addressed how evidence is to be presented and contested at trial. Drawing upon case studies from Ireland, France and Italy, and adopting a legal cultural perspective, and enriched by the author’s observations of criminal trials, the book presents a detailed analysis of the developments to date in EU criminal justice and evidence law. By examining evidence practices the book asks whether the inquisitorial and accusatorial traditions within the EU systems are too irreconcilable to achieve a system of mutual admissibility of evidence. The book will be of great interest and use to academics and practitioners with an interest in European and comparative criminal justice, criminal procedure, human rights and socio-legal studies.

Defence Rights

Author : Gert Vermeulen
Publisher : Maklu
ISBN 13 : 904660571X
Total Pages : 140 pages
Book Rating : 4.0/5 (466 download)

DOWNLOAD NOW!

Book Synopsis Defence Rights by : Gert Vermeulen

Download or read book Defence Rights written by Gert Vermeulen and published by Maklu. This book was released on 2012 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing internationalization and Europeanization of criminal procedures has created new challenges to traditional defense rights. Hence, the Ghent Bar Association, the Bar Association of The Hague, and Ghent University have joined forces, exploring and addressing these challenges during an international conference held in Ghent in November 2012. This book examines the various topics presented at the conference. Whereas international criminal tribunals - especially the International Criminal Court (ICC) - should play an exemplary role when it comes to the right to fair trial and adequate access to a lawyer, reality proves to be troublesome. In this respect, the book addresses key issues: What is the status quaestionis of the defense position and procedural rights before international criminal tribunals, more specifically the ICC? Has the Rome Statute lived up to its expectations after a decade of its application? Can defense before international tribunals keep functioning without a Bar? What are the needs for such a defense to be adequate, knowing that it balances on the borderline between the Anglo-Saxon legal system and the Northern European system? At the same time, defense and procedural rights are developing as a result of different EU Directives which have been or are now being negotiated. This is of major importance to every penalist, even in strictly national cases. The book presents and critically assesses the entire EU 'roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings.' The EU Directives on the right to information in criminal procedure, the right of access to a lawyer in criminal proceedings, and the right to communicate upon arrest - which are about to revolutionize traditional domestic criminal procedural law - are assessed. Further, the book addresses the important implications and challenges for the legal position of detainees as a result of the recent Framework Decision on the mutual recognition of custodial sentences and measures involving deprivation of liberty. Finally, awareness is raised concerning the future of procedural rights in the framework of cross-border evidence gathering and admissibility. The book will be essential reading for both defense practitioners and scholars taking an interest in defense and procedural rights in criminal matters.

Transnational Inquiries and the Protection of Fundamental Rights in Criminal Proceedings

Author : Stefano Ruggeri
Publisher : Springer Science & Business Media
ISBN 13 : 3642320120
Total Pages : 561 pages
Book Rating : 4.6/5 (423 download)

DOWNLOAD NOW!

Book Synopsis Transnational Inquiries and the Protection of Fundamental Rights in Criminal Proceedings by : Stefano Ruggeri

Download or read book Transnational Inquiries and the Protection of Fundamental Rights in Criminal Proceedings written by Stefano Ruggeri and published by Springer Science & Business Media. This book was released on 2013-01-09 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of fundamental rights in the field of transnational criminal inquiries is of great delicateness in the current tangled web of domestic and international legal sources. Due to this complex scenario, this research has been carried out from a four-level perspective. The first part provides a critical analysis of the multilevel systems of protecting fundamental rights from the perspective of supranational and constitutional case law, and in the field of international and organized crime. The second part focuses on EU judicial cooperation in three main fields: financial and serious organized crime, mutual recognition tools, and individual rights protection. The third part provides the perspectives of ten domestic legal systems in two fields, i.e., obtaining evidence abroad and cooperation with international criminal tribunals. The fourth part analyses cross-border inquiries in comparative law, providing a reconstruction of different models of obtaining evidence overseas.

Dimensions of Evidence in European Civil Procedure

Author : Vesna Rijavec
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041166653
Total Pages : 450 pages
Book Rating : 4.0/5 (411 download)

DOWNLOAD NOW!

Book Synopsis Dimensions of Evidence in European Civil Procedure by : Vesna Rijavec

Download or read book Dimensions of Evidence in European Civil Procedure written by Vesna Rijavec and published by Kluwer Law International B.V.. This book was released on 2015-12-29 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Greater efficiency in civil dispute resolution is very much dependent on organized but fair fact-finding. Under European law, however, no clear-cut categorisation of means of evidence exists as yet, and significantly diverging interpretations persist of what is considered 'evidence' in the sense of the foundational Council Regulation (EC) No. 1206/2001 (EER). The EER fails to provide comprehensive rules for many other aspects of evidence taking, pointing instead to national legislation for solutions. As long as evidentiary rules remain different from country to country, there is an inherent risk of conflict of laws between different systems in the course of cooperation between courts in cross-border matters, leading to mistrust amongst judiciary and other participants in the proceedings. Focusing on national rules, and using a comparative method which takes into consideration legal experiences from all legal circles in the EU, this book explains and analyses how the law of evidence works in Europe today. The authors draw on the vast base of relevant information collected in twenty-seven Member States by national reporters. Following the classical enumeration of types of evidence – production of documents, examination of witnesses, expert evidence, inspection by the judge, and examination of the parties – chapters encompass such issues and topics as the following. - judicial cooperation in cross-border cases; – general principles in evidence taking (the right to be heard, oral vs. written form, directness of evidence, burden of proof); – judges' case management powers regarding evidence; – means of evidence; – extent of influence of traditional principles and evidentiary rules on electronic evidence; – application of communication technology in cross-border proceedings; – legal costs; – language; – inadmissible evidence; and – instances in which a court can refuse a request for evidence. The authors offer well-grounded recommendations on requested judge's entitlements, direct and convenient communication, cost issues, revised provisions concerning language obstacles, unification of presumptions, and much more. Armed with the wide-ranging knowledge presented here, practitioners handling civil cases anywhere in Europe will derive great practical benefit from this book. As a masterful synthesis of how evidence is used in national courts in EU Member States, and of how that use is changing, the book will be greatly valued as a unique resource by legal scholars and academics. With featured recommendations it can contribute to the development of mutual trust among the national courts inside the EU as well as trust among policymakers and national courts.

EU Criminal Justice, Financial & Economic Crime

Author : Marc Cools
Publisher : Maklu
ISBN 13 : 9046604381
Total Pages : 322 pages
Book Rating : 4.0/5 (466 download)

DOWNLOAD NOW!

Book Synopsis EU Criminal Justice, Financial & Economic Crime by : Marc Cools

Download or read book EU Criminal Justice, Financial & Economic Crime written by Marc Cools and published by Maklu. This book was released on 2011 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fifth volume of the Governance of Security (GofS) Research Paper series addresses a wide variety of topical issues focusing on European criminal justice and financial and economic crime. The first cluster of articles is concerned with European criminal justice matters particularly relating to EU mutual recognition, such as: conceptualization, unwanted effects in the context of prisoner transfer and sentence execution, impact for cross-border gathering and use of forensic expert evidence, and interrogational fairness standards. A second cluster of articles addresses the subjects of financial and economic crime, ranging from informal economy (among street children) to formal/informal economy (vulnerability of the hotel and catering industry to crime) and white collar crime phenomena like (transnational) environmental crime and corruption. A final cluster groups together a variety of selected topical issues, including juvenile offending and mental disorders, desistance theories, and sexually transmitted infections.

Handling and Exchanging Electronic Evidence Across Europe

Author : Maria Angela Biasiotti
Publisher : Springer
ISBN 13 : 3319748726
Total Pages : 417 pages
Book Rating : 4.3/5 (197 download)

DOWNLOAD NOW!

Book Synopsis Handling and Exchanging Electronic Evidence Across Europe by : Maria Angela Biasiotti

Download or read book Handling and Exchanging Electronic Evidence Across Europe written by Maria Angela Biasiotti and published by Springer. This book was released on 2018-06-26 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a general overview on the handling and regulating electronic evidence in Europe, presenting a standard for the exchange process. Chapters explore the nature of electronic evidence and readers will learn of the challenges involved in upholding the necessary standards and maintaining the integrity of information. Challenges particularly occur when European Union member states collaborate and evidence is exchanged, as may be the case when solving a cybercrime. One such challenge is that the variety of possible evidences is so wide that potentially anything may become the evidence of a crime. Moreover, the introduction and the extensive use of information and communications technology (ICT) has generated new forms of crimes or new ways of perpetrating them, as well as a new type of evidence. Contributing authors examine the legal framework in place in various EU member states when dealing with electronic evidence, with prominence given to data protection and privacy issues. Readers may learn about the state of the art tools and standards utilized for treating and exchanging evidence, and existing platforms and environments run by different Law Enforcement Agencies (LEAs) at local and central level. Readers will also discover the operational point of view of LEAs when dealing with electronic evidence, and their requirements and expectations for the future. Finally, readers may consider a proposal for realizing a unique legal framework for governing in a uniform and aligned way the treatment and cross border exchange of electronic evidence in Europe. The use, collection and exchange of electronic evidence in the European Union context and the rules, practises, operational guidelines, standards and tools utilized by LEAs, judges, Public prosecutors and other relevant stakeholders are all covered in this comprehensive work. It will appeal to researchers in both law and computer science, as well as those with an interest in privacy, digital forensics, electronic evidence, legal frameworks and law enforcement.

Research Handbook on EU Criminal Law

Author : Valsamis Mitsilegas
Publisher : Edward Elgar Publishing
ISBN 13 : 1783473312
Total Pages : 659 pages
Book Rating : 4.7/5 (834 download)

DOWNLOAD NOW!

Book Synopsis Research Handbook on EU Criminal Law by : Valsamis Mitsilegas

Download or read book Research Handbook on EU Criminal Law written by Valsamis Mitsilegas and published by Edward Elgar Publishing. This book was released on 2016-03-25 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU criminal law is one of the fastest evolving, but also challenging, policy areas and fields of law. This Handbook provides a comprehensive and advanced analysis of EU criminal law as a structurally and constitutionally unique policy area and field of research. With contributions from leading experts, focusing on their respective fields of research, the book is preoccupied with defining cross-border or ‘Euro-crimes’, while allowing Member States to sanction criminal behaviour through mutual cooperation. It contains a web of institutions, agencies and external liaisons, which ensure the protection of EU citizens from serious crime, while protecting the fundamental rights of suspects and criminals. Students and scholars of EU criminal law will benefit from the comprehensive research present in this Handbook. National and EU policy-makers, as well as judges, defence lawyers and human rights lawyers will find the analysis of current legal action, combined with proposed solutions, useful to their work

European Evidence Warrant

Author : John A. E. Vervaele
Publisher : Intersentia nv
ISBN 13 : 9050954936
Total Pages : 330 pages
Book Rating : 4.0/5 (59 download)

DOWNLOAD NOW!

Book Synopsis European Evidence Warrant by : John A. E. Vervaele

Download or read book European Evidence Warrant written by John A. E. Vervaele and published by Intersentia nv. This book was released on 2005 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: The transnational gathering and use of criminal evidence is a complex and sensitive matter that affects basic principles inherent in national criminal justice systems. Replacing the mutual assistance regime (letters rogatory) by a mutual recognition regime intends to facilitate the admissibility of evidence obtained from the territory of another Member State. How much harmonization of criminal procedure is needed to guarantee the free movement of criminal evidence in the EU? Do we have to develop common procedural safeguards in the EU, or can we build in human rights clauses or procedural public order clauses by which respect for fundamental rights can be a ground for the non-recognition, non-execution or postponement of the order from the issuing state? John Vervaele is Professor in Economic and Financial Criminal Law at the University of Utrecht and Professor in European Criminal Law at the College of Europe of Bruges. The main topics in his research field are: enforcement of Union law; standards of due law, procedural safeguards and human rights; criminal law and procedure an regional integration; comparative economic and financial criminal law. He has realized a lot of research in these areas, both for Dutch Departments and European Institutions and also worked as a consultant for them.

Current Issues of EU Criminal Law

Author : Ariadna H. Ochnio
Publisher : Instytut Nauk Prawnych PAN
ISBN 13 : 8366300722
Total Pages : 222 pages
Book Rating : 4.3/5 (663 download)

DOWNLOAD NOW!

Book Synopsis Current Issues of EU Criminal Law by : Ariadna H. Ochnio

Download or read book Current Issues of EU Criminal Law written by Ariadna H. Ochnio and published by Instytut Nauk Prawnych PAN. This book was released on 2022-10-30 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publikacja przedstawia obraz wybranych aktualnych problemów prawa karnego UE z różnych perspektyw. Omawiane zagadnienia obejmują m.in.: dialog sądowy pomiędzy sądami krajowymi, Trybunałem Sprawiedliwości Unii Europejskiej (TSUE) i Europejskim Trybunałem Praw Człowieka (ETPC); adekwatną ochronę praw uczestników postępowania karnego w państwach członkowskich UE; stosunki Prokuratury Europejskiej (EPPO) z państwami nieuczestniczącymi we wzmocnionej współpracy; wzajemne zaufanie w kontekście pozyskiwania dowodów elektronicznych; pozbawienie nielegalnego mienia w kontekście praw ofiar i konfiskaty rzeczy; harmonizację prawa karnego materialnego w zakresie definicji przestępstwa gwałtu i przestępstwa farmaceutycznego; niewystarczające wykorzystanie alternatyw dla kary pozbawienia wolności, a także odniesienia do istotnego dla współpracy w sprawach karnych orzecznictwa TSUE. Autorzy wskazują istniejące problemy wymagające rozwiązania na poziomie unijnym i krajowym oraz zarysowują przyszłe kierunki rozwoju prawa karnego UE. Dr. hab. Monika Szwarc w recenzji wydawniczej podkreśliła, że „podjęta w publikacji problematyka badawcza jest istotna z prawnego punktu widzenia i bardzo aktualna. Autorzy w swoich opracowaniach poruszają zagadnienia aktywnie dyskutowane w doktrynie prawa karnego i europejskiego, zwłaszcza w doktrynie obcej, wynikającej w równym stopniu z nowego prawodawstwa wtórnego UE, jak i z orzecznictwem Trybunału Sprawiedliwości Unii Europejskiej. W szczególności należy podkreślić, że Autorzy poruszają także zagadnienia związane z wzajemnymi relacjami dorobku Rady Europy z dorobkiem prawnym Unii Europejskiej”.

European Investigation Order

Author : Maria Angela Biasiotti
Publisher : Springer
ISBN 13 : 9783031316883
Total Pages : 0 pages
Book Rating : 4.3/5 (168 download)

DOWNLOAD NOW!

Book Synopsis European Investigation Order by : Maria Angela Biasiotti

Download or read book European Investigation Order written by Maria Angela Biasiotti and published by Springer. This book was released on 2024-08-04 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Status Quaestionis

Author : Erik Hertog
Publisher :
ISBN 13 : 9789050958042
Total Pages : 0 pages
Book Rating : 4.9/5 (58 download)

DOWNLOAD NOW!

Book Synopsis Status Quaestionis by : Erik Hertog

Download or read book Status Quaestionis written by Erik Hertog and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Facing new and multiple challenges such as immigration, cross border crime, terrorism, the movement of people and goods, etc., the European Union (EU) has come to realize the increased importance of the need for judicial cooperation and mutual recognition between Member States in order to guarantee security and justice in the EU. However, at the same time there is a deep concern that, with regard to these challenges, the citizens' freedom and fundamental rights must be safeguarded. This project (AGIS project JLS/2006/AGIS/052) must be seen as part of a concerted effort to establish guarantees and mechanisms for compliance with procedural safeguards in criminal proceedings in all Member States of the EU. This AGIS project focuses particularly on one such fundamental procedural safeguard: the right to access to justice across languages and culture or, in other words, the right to a free interpreter and the translation of all relevant documents in criminal proceedings. In order to remedy these existing discrepancies and to arrive at minimum guaranteed standards in all Member States, one needs, first of all, more detailed and objective information on the existing provisions, i.e. a status quaestionis on the provision of legal interpreting and translation in the EU. This will in turn allow for considered reflection and action both on EU and on Member State level. The core sections of this book provide an analysis of the responses from the Member States on the basis of indicators that are relevant to assess the provision of legal interpreting and translation. These indicators allow the drawing up of a composite country profile of each Member State for interpreting as well as translation. A more detailed, thorough analysis of one Member State has been included by way of example to show the full potential of the responses. These country profiles are weighed and ranked on a number of essential performance indicators and subsequently on five quality indicators derived from the EU Green Paper on Procedural Rights. This allows for an overall ranking of all Member States on a European scale and shows in composite maps how the Member States are performing with regard to this particular procedural safeguard.

Exchange of Information and Data Protection in Cross-border Criminal Proceedings in Europe

Author : Ángeles Gutiérrez Zarza
Publisher : Springer
ISBN 13 : 9783642402920
Total Pages : 491 pages
Book Rating : 4.4/5 (29 download)

DOWNLOAD NOW!

Book Synopsis Exchange of Information and Data Protection in Cross-border Criminal Proceedings in Europe by : Ángeles Gutiérrez Zarza

Download or read book Exchange of Information and Data Protection in Cross-border Criminal Proceedings in Europe written by Ángeles Gutiérrez Zarza and published by Springer. This book was released on 2014-10-08 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past 10 years, the Member States of the European Union (EU) have intensified their exchange of information for the purposes of preventing and combating serious cross-border crime, as manifested in three main aspects. Firstly, there is a need to ensure the practical application of innovative principles (availability, mutual recognition) and concepts (Information Management Strategy, European Information Exchange Model) for tackling criminal organisations and networks that threaten the Internal Security of the EU. Secondly, there has been a gradual consolidation of EU agencies and bodies (Eurojust, Europol) aimed at promoting cooperation and dialogue among law enforcement officials and judicial authorities responsible for preventing and combating drug trafficking, trafficking in human beings, child pornography, and other serious trans-national offences. Thirdly, important EU information systems and databases (Prüm, SIS-II, ECRIS) have been created, enabling law enforcement and judicial authorities to gain access to essential information on criminal phenomena and organisations. Pursuing a practice-orientated approach, this work provides comprehensive coverage of all these measures, as well as the applicable rules governing data quality, data protection and data security. It is especially intended for law enforcement and judicial authorities who need to develop the appropriate expertise for the practical application of the above-mentioned principles. It also offers a solid basis of practical training material for police training centres and judicial schools.