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European Investigation Order - Where the Law Meets the Technology (1st ed. 2023)
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European Investigation Order - Where the Law Meets the Technology (1st ed. 2023)
Series: Law, Governance and Technology Series, 55
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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 two essential
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 among different 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.
General
Imprint: |
Springer International Publishing AG
|
Country of origin: |
Switzerland |
Series: |
Law, Governance and Technology Series, 55 |
Release date: |
September 2023 |
First published: |
2023 |
Editors: |
Maria Angela Biasiotti
• Fabrizio Turchi
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Dimensions: |
235 x 155mm (L x W) |
Pages: |
206 |
Edition: |
1st ed. 2023 |
ISBN-13: |
978-3-03-131685-2 |
Categories: |
Books
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LSN: |
3-03-131685-1 |
Barcode: |
9783031316852 |
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