Study On Cross Border Use Of Evidence In Criminal Proceedings
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| Author | : Stefano Ruggeri |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 231 |
| Release | : 2013-12-12 |
| Genre | : Law |
| ISBN | : 3319025708 |
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.
| Author | : Gert Vermeulen |
| Publisher | : Maklu |
| Total Pages | : 256 |
| Release | : 2010 |
| Genre | : Law |
| ISBN | : 9046603431 |
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.
| Author | : Anne Weyembergh |
| Publisher | : |
| Total Pages | : |
| Release | : 2020 |
| Genre | : |
| ISBN | : 9782800417226 |
| Author | : Lorena Bachmaier Winter |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 217 |
| Release | : 2024-05-16 |
| Genre | : Law |
| ISBN | : 1509972013 |
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.
| Author | : Saskia Hufnagel |
| Publisher | : Taylor & Francis |
| Total Pages | : 300 |
| Release | : 2012-04-27 |
| Genre | : Law |
| ISBN | : 1136697276 |
This innovative volume explores issues of law enforcement cooperation across borders from a variety of disciplinary perspectives. In doing so it adopts a comparative framework hitherto unexplored; namely the EU and the Australsian/Asia-Pacific region whose relative geopolitical remoteness from each other decreases with every incremental increase in globalisation. The borders under examination include both macro-level cooperation between nation-states, as well as micro-level cooperation between different Executive agencies within a nation-state. In terms of disciplinary borders the contributions demonstrate the breadth of academic insight that can be brought to bear on this topic. The volume contributes to the wider context for evidence-based policy-making and knowledge-based policing by bringing together leading academics, public policy-makers, legal practitioners and law enforcement officials from Europe, Australia and the Asian-Pacific region, to shed new light on the pressing problems impeding cross-border policing and law enforcement globally and regionally. Problems common to all jurisdictions are discussed and innovative ‘best practice’ solutions and models are considered. The book is structured in four parts: Police cooperation in the EU; in Australia; in the Asia-Pacific Region; and finally it considers issues of jurisdiction and due process/human rights issues, with a focus on regional cooperation strategies for countering human trafficking, organised crime and terrorism. The book will be of interest to both academic and practitioner communities in policing, criminology, international relations, and comparative Asia-Pacific and EU legal studies.
| Author | : Brad Smith |
| Publisher | : Penguin |
| Total Pages | : 370 |
| Release | : 2019-09-10 |
| Genre | : Business & Economics |
| ISBN | : 1984877712 |
The instant New York Times bestseller. From Microsoft's president and one of the tech industry's broadest thinkers, a frank and thoughtful reckoning with how to balance enormous promise and existential risk as the digitization of everything accelerates. “A colorful and insightful insiders’ view of how technology is both empowering and threatening us. From privacy to cyberattacks, this timely book is a useful guide for how to navigate the digital future.” —Walter Isaacson Microsoft President Brad Smith operates by a simple core belief: When your technology changes the world, you bear a responsibility to help address the world you have helped create. This might seem uncontroversial, but it flies in the face of a tech sector long obsessed with rapid growth and sometimes on disruption as an end in itself. While sweeping digital transformation holds great promise, we have reached an inflection point. The world has turned information technology into both a powerful tool and a formidable weapon, and new approaches are needed to manage an era defined by even more powerful inventions like artificial intelligence. Companies that create technology must accept greater responsibility for the future, and governments will need to regulate technology by moving faster and catching up with the pace of innovation. In Tools and Weapons, Brad Smith and Carol Ann Browne bring us a captivating narrative from the cockpit of one of the world's largest and most powerful tech companies as it finds itself in the middle of some of the thorniest emerging issues of our time. These are challenges that come with no preexisting playbook, including privacy, cybercrime and cyberwar, social media, the moral conundrums of artificial intelligence, big tech's relationship to inequality, and the challenges for democracy, far and near. While in no way a self-glorifying "Microsoft memoir," the book pulls back the curtain remarkably wide onto some of the company's most crucial recent decision points as it strives to protect the hopes technology offers against the very real threats it also presents. There are huge ramifications for communities and countries, and Brad Smith provides a thoughtful and urgent contribution to that effort.
| Author | : United States. Department of Justice |
| Publisher | : |
| Total Pages | : 720 |
| Release | : 1985 |
| Genre | : Justice, Administration of |
| ISBN | : |
| Author | : Martyna Kusak |
| Publisher | : Maklu |
| Total Pages | : 245 |
| Release | : 2017-01-26 |
| Genre | : Law |
| ISBN | : 9046608409 |
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.
| Author | : Lorena Bachmaier Winter |
| Publisher | : Springer |
| Total Pages | : 289 |
| Release | : 2018-11-02 |
| Genre | : Law |
| ISBN | : 3319939165 |
This book explores the European Public Prosecutor’s Office (EPPO), the creation of which was approved in the Regulation adopted by the Justice and Home Affairs (JHA) Council on 12 October 2017. The EPPO will be an independent European prosecution office tasked with investigating and prosecuting those crimes defined in the recently adopted Regulation 2017/1371 on combating fraud against the Union’s financial interests by means of criminal law. As such, it will be a new actor on the EU landscape, governed by the principle of loyal cooperation with the national prosecuting authorities. This work clarifies some of the challenges that member states will have to face when dealing with a supranational prosecution authority. In addition, it provides guidelines on how to implement the present Regulation while respecting the fundamental rights of defendants in criminal proceedings. The book is of special interest in so far as the analysis and perspective of academics is completed with the contributions of legal experts who have either been involved in the negotiations to establish the European public prosecutor or will be closely linked, as public prosecutors, to the functioning of the future European public prosecutor’s office.
| Author | : Sam Dubberley |
| Publisher | : |
| Total Pages | : 385 |
| Release | : 2020 |
| Genre | : History |
| ISBN | : 0198836066 |
This book covers the developing field of open source research and discusses how to use social media, satellite imagery, big data analytics, and user-generated content to strengthen human rights research and investigations. The topics are presented in an accessible format through extensive use of images and data visualization.
