Advancement in Cybercrime Investigation – The New European Legal Instruments for Collecting Cross-border E-evidence
This paper presents the current issues and proposes legal instruments for removing the barriers to gathering cross-border electronic evidence for a more efficient fight against crime and cybercrime investigation. 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 the 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 legal instruments proposed in the new EU regulation for collecting e-evidence are analyzed and the expected removal of jurisdictive barriers for a more efficient justice processing of crime acts in an interconnected world is assessed.
KeywordsElectronic evidence Crime Investigation order Production order Preservation order LIVE_FOR
This work was co-funded by the European Union’s Justice Program (2014–2020) through the LIVE_FOR (Criminal Justice Access to Digital Evidences in the Cloud – LIVE_FORensics) project.
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