Towards New European Regulation for Handling Electronic Evidence

• 作者: Dobrinka Chankova Ralitsa Voynova
• 来源期刊: 美中法律评论:英文版
• 学科: 政治法律
• 关键词: e-evidence EUROPEAN Production Order EUROPEAN PRESERVATION Order CRIMINAL investigation COOPERATION mechanisms SAFEGUARDS
• 年，卷（期）: 2018,（3）
• 页码范围: 121-129
• 页数: 9页
• 分类号: D

摘要

Gathering and using e-evidence in trans-border criminal investigation still faces many challenges which reflects the efficiency of crime counteraction.It has been long time a common concern of the legal community.The European Union has shown deep interest to the issue and has undertaken crucial measures.Recently,a proposal for a Regulation of the European Parliament and of the Council on European Production and Preservation Orders,for electronic evidence in criminal matters,and a Directive of the European Parliament and of the Council laying down harmonised rules on the appointment of legal representatives for the purpose of gathering evidence in criminal proceedings have been launched after long and thorough preparation.Through these specific tools,the proposal targets the problem created by the volatile nature of electronic evidence and its international dimension.It seeks to adapt cooperation mechanisms to the digital age,giving the judiciary and law enforcement tools to address the way criminals communicate today and to counter modern forms of criminality.The proposal also aims to improve legal certainty for authorities,service providers,and persons affected and to maintain a high standard for law enforcement requests,thus ensuring protection of fundamental rights,transparency,and accountability.It also speeds up the process to secure and obtain electronic evidence that is stored and/or held by service providers established in another jurisdiction.This study outlines the basic achievements of the newly proposed regulation.