Abstract
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.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Similar content being viewed by others
References
Herrera-Flanigan, J.R., Ghosh, S.: Criminal regulations. In: Ghosh, S., Turrini, E. (eds.) Cybercrimes: A Multidisciplinary Analysis, pp. 265–308. Springer, Berlin (2010)
European Commission: Commission Staff Working Document Impact Assessment Accompanying the document 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 Proposal for 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, SWD (2018) 118 final (2018)
Geist, M.: Cyber law 2.0. Boston College Law Rev. 44(2), 359–396 (2003)
Brown, C.S.D.: Investigating and prosecuting cyber crime: forensic dependencies and barriers to justice. Int. J. Cyber Criminol. 9(1), 55–119 (2015)
Dee, M.: Getting back to the fourth amendment: warrantless cell phone searches. New York Law School Law Rev. 56, 1129–1163 (2012). http://www.nylslawreview.com/wp-content/uploads/sites/16/2012/02/Dee-note.pdf
European Parliament and Council of the European Union, Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters (2014)
Council of Europe: Convention on Cybercrime Act, European Treaty Series - No. 185 (2001)
Cybercrime Convention Committee (T-CY): T-CY Guidance Note #10 Production orders for subscriber information (Article 18 Budapest Convention), revised version as adopted by the T-CY following the 16th Plenary by written procedure, 28 February 2017. https://rm.coe.int/16806f943e
European Parliament and Council of the European Union, Proposal for a Regulation of the European Parliament and of the Council on European Production and Preservation Orders for electronic evidence in criminal matters (COM (2018) 225 final) (2018)
Acknowledgments
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.
Author information
Authors and Affiliations
Corresponding author
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2019 Springer Nature Switzerland AG
About this paper
Cite this paper
Jerman Blažič, B., Klobučar, T. (2019). Advancement in Cybercrime Investigation – The New European Legal Instruments for Collecting Cross-border E-evidence. In: Rocha, Á., Ferrás, C., Paredes, M. (eds) Information Technology and Systems. ICITS 2019. Advances in Intelligent Systems and Computing, vol 918. Springer, Cham. https://doi.org/10.1007/978-3-030-11890-7_80
Download citation
DOI: https://doi.org/10.1007/978-3-030-11890-7_80
Published:
Publisher Name: Springer, Cham
Print ISBN: 978-3-030-11889-1
Online ISBN: 978-3-030-11890-7
eBook Packages: Intelligent Technologies and RoboticsIntelligent Technologies and Robotics (R0)