A New Legal Framework for Cross-Border Data Collection in Crime Investigation amongst Selected European Countries.

Jerman-Blažič, Borka; Klobučar, Tomaž

This paper presents the current issues and proposes legal remedies for removing the barriers to gathering cross-border electronic evidence for a more efficient fight against crime and cybercrime. It presents the legal scene in the EU, the efforts related to the implementation of the Directive 2014/41/EU regarding the European Investigation Order in criminal matters, and the provision of legal procedures for e-evidence collection proposed within the EU proposal for the Directive for orders to preserve and produce evidence related to criminal acts in a territory different from the location of the crime act. The results of the EU LIVE_FOR project intended to raise the awareness and improve the implementation of the Directive 2014/41/EU are presented as well. Finally, the procedures proposed in the new EU regulation for collecting e-evidence are analysed and the expected removal of jurisdictive barriers for a more efficient justice processing of crime acts in an interconnected world assessed.

CRIMINAL investigation; ACQUISITION of data; CRIMINAL act; CRIMINAL evidence; ELECTRONIC evidence

International Journal of Cyber Criminology, 2020, Vol 14, Issue 1, p270

0974-2891

Academic Journal

10.5281/zenodo.3698359