Title The E-Evidence “Movement” in European Union Criminal Justice: Toward or Beyond Coherence?
Authors Jurka, Raimundas
DOI 10.3726/b22750
ISBN 9783631929445
eISBN 9783631935323
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Is Part of Towards Coherence in Criminal Justice: Challenges, Discussions and/or Solutions / Jolanta Zajančkauskienė, Rima Ažubalytė, Oleg Fedosiuk (eds.).. Berlin : Peter Lang, 2024. p. 161-181.. ISBN 9783631929445. eISBN 9783631935323
Abstract [eng] The first chapter (“The E-Evidence ‘Movement’ in European Union Criminal Justice: Toward or Beyond Coherence?”) focuses on the coherence of the legal framework and its application to the movement of electronic evidence in EU criminal justice. In 2023, Regulation (EU) 2023/1543 of the European Parliament and of the Council on European Production Orders and European Preservation Orders for electronic evidence in criminal proceedings and for the execution of custodial sentences following criminal proceedings was adopted. This legislation should have solved problems related to the challenges of moving electronic data in the EU. Unfortunately, an analysis of the existing legal framework for the gathering of evidence (including electronic evidence, as outlined by EIOs and regulated by the Regulation on the Taking of Electronic Evidence) shows that the Regulation lacks the provisions necessary to ensure the timely and efficient gathering of evidence and the admissibility of such evidence before national courts.
Published Berlin : Peter Lang, 2024
Type Book part
Language English
Publication date 2024
CC license CC license description