EU Cross-border Gathering and Use of Evidence in Criminal Matters

EU Cross-border Gathering and Use of Evidence in Criminal Matters

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The European Councii-set out the 2007 specific program on `Criminal Justice' as; Part of the General Programon Fundament 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 comprises the results of. 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 analyse 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 as 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, 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.Technical. capacity. As previously mentioned, the 2009 Green Paper on obtaining evidence in criminal matters from one ... Other non-legislative measures which could facilitate cross-border cooperation and which deserve analysis can be put under the term a€œtechnical capacity issuesa€. ... nor MR- instruments, the project team recognized the importance of the issue and included questions about technicalanbsp;...

Title:EU Cross-border Gathering and Use of Evidence in Criminal Matters
Author:Gert Vermeulen, Wendy De Bondt, Yasmin van Damme
Publisher:Maklu - 2010


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