CHALLENGES AND INNOVATIONS OF EVIDENCE TRANSFERING IN EUROPEAN UNION MEMBER STATES’ CRIMINAL JUSTICE
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Abstract
The article focuses on the problematic issues of the European Union criminal justice, directly related to one of the evidence law’s branches – transmission and admissibility of the evidence between the member states. Theoretical and practical issues of the international cooperation while evidence are collected and transmissed between the member states are discussed in order to discover the development of the European Union legal mechanisms in this sphere. It is worthwhile to look at the history of how the dynamics of legal acts and provisions regarding evidence law have been changed to face modern times of modern society. One can say the essential problematical issue regarding transmission of so called „foreign evidence“ between the European Union member states is the obstacles for such evidence admissibility in the national courts of the state, that received such evidence.
The first part of the article is designated for general understanding of the European evidence law and its directions that are changed to meet requirements of nowadays’ expectations. Corresponding the dynamics of crime, essential changes have been made in the sphere of the European evidence law – starting from Evidence arrest act, continuing with European evidence order and conditionally finishing with European investigation order. The latter one could be seen as the optimal regarding quite new principles for international cooperation. It is emphasised, the European investigation order mechanism has brand new rule to enable cooperating states to meet and apply the rules and formalities of the requesting state‘s national law while the requested state is gathering the evidence.
The issues of e-evidence gathering between the member states are analised in the second part of this article. Although there is only the draft law for this legal regulation at the moment, it is worthwhile to examine, how the e-evidence gathering procedure’s future will be look like. In this reason the draft law provisions are discussed in relation with applicable legal mechanisms.
The first part of the article is designated for general understanding of the European evidence law and its directions that are changed to meet requirements of nowadays’ expectations. Corresponding the dynamics of crime, essential changes have been made in the sphere of the European evidence law – starting from Evidence arrest act, continuing with European evidence order and conditionally finishing with European investigation order. The latter one could be seen as the optimal regarding quite new principles for international cooperation. It is emphasised, the European investigation order mechanism has brand new rule to enable cooperating states to meet and apply the rules and formalities of the requesting state‘s national law while the requested state is gathering the evidence.
The issues of e-evidence gathering between the member states are analised in the second part of this article. Although there is only the draft law for this legal regulation at the moment, it is worthwhile to examine, how the e-evidence gathering procedure’s future will be look like. In this reason the draft law provisions are discussed in relation with applicable legal mechanisms.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
