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1
Ochnio, Ariadna Helena. „The Tangled Path From Identifying Financial Assets to Cross-Border Confiscation. Deficiencies in EU Asset Recovery Policy“. European Journal of Crime, Criminal Law and Criminal Justice 29, Nr. 3-4 (22.12.2021): 218–40. http://dx.doi.org/10.1163/15718174-bja10024.
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Abstract The article discusses the shortcomings of EU policy regarding cross-border asset recovery. The identified problem is a disjointed approach to the overlapping objectives of criminal proceedings: gathering evidence and securing assets for future confiscation. In the current EU legal framework, the process of recovery of assets, understood as a sequence of functionally related activities, lacks the continuity necessary to be effective. EU cross-border cooperation instruments in criminal matters do not meet the needs of this process, as they relate to separate investigative measures. Problems in this field have been indirectly reflected in the practice of Eurojust and the ejn. The article proposes a change in the perception of the initial phase of the asset recovery process, where the objectives of identifying and locating financial assets are combined with their provisional securing. This takes place under one mechanism of cross-border cooperation (an eio), prior to issuing a regular freeze or seizure order.
2
Muraru-Kļučica, Jūlija. „The importance of judicial cooperation in criminal matters in the European Union with a special focus on countering EU threats and crime more effectively“. SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 2, Nr. 26 (Oktober 2023): 28–34. http://dx.doi.org/10.25143/socr.26.2023.2.28-34.
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This article’s main aims are to explore, consider and analyse various sources of law to identify the essence and im-portance of the established judicial cooperation system in the European Union (EU) for effective countering of EUthreats and crime. During the research, various sources of European Union Law, case law, constitutional law, etc. wereexplored and considered, by using the analysis method as well as the comparative and synthesis methods. The articlereviews the development of the existing system of judicial cooperation in criminal matters in the EU demonstrating theimportance of the mutual trust involved in the combating of cross-border crime in the EU. Further, it assesses the ef-fectiveness of the existing institute of judicial cooperation in criminal matters in view of combating cross-border crime,in addition to demonstrating the current normative system in the field of judicial cooperation in criminal matters of theEU and its connective side with national criminal justice systems. The main research results highlight the necessity forsupplementing the legal framework of judicial cooperation in criminal matters with a clear definition of the followingterms: cross-border crime and offences with a foreign element, as well as the term foreign element in the context ofjudicial cooperation in criminal matters; the results also shed light on the fact that it is essential to adopt a new legalframework on the transfer of criminal proceedings. Finally, for more effective cooperation among Member States, it isnecessary to approach a common way of the interpretation of the legal acts facilitating correct application and imple-mentation of judicial cooperation in criminal matters instruments in the EU.
3
Kosta, Eleni, und Irene Kamara. „The Right to an Effective Remedy In International Data Transfers of Electronic Evidence: Past Lessons and Future Outlook“. Review of European Administrative Law 16, Nr. 1 (09.05.2023): 57–82. http://dx.doi.org/10.7590/187479823x16800083010356.
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Cross-border and international collaboration of authorities is often a necessity, involving inter alia the exchange of good practices, tools, human resources, but also information, including personal data. Cross-border access to data is essential in the context of electronic evidence in criminal investigations and proceedings, as more than half of all criminal investigations involve a cross-border request to obtain e-evidence. From a fundamental rights perspective, a common denominator in transborder exchanges of data -irrespective of whether they take place for commercial or for criminal purposes- is that the right to effective remedy of the individuals concerned shall be safeguarded, a right protected under Article 47 of the Charter of Fundamental Rights and Freedoms of the European Union. Taking into account this context, this paper provides a comprehensive analysis and assessment of the right on effective remedies for EU citizens in international data transfers of electronic evidence and discusses the future of the right to effective remedies in transatlantic transfers of data in this context. The main argument of the paper is that the effective remedies for sharing electronic evidence outside the EU territory are not sufficiently guaranteed by the existing applicable rules, due to the piecemeal approach followed in the EU.
4
Rogalski, Maciej. „The concept of evidence obtained from electronic correspondence“. Ius Novum 17, Nr. 4 (01.12.2023): 1–14. http://dx.doi.org/10.2478/in-2023-0026.
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Abstract This article addresses cross-border cooperation between Polish law enforcement authorities and those of other European Union Member States in obtaining electronic evidence in criminal matters. It discusses provisions such as Article 589g § 1, Article 589l § 1, Article 589w § 4, and Article 589ze § 10 of the Code of Criminal Procedure (CCP), focusing on defining electronic evidence. Currently, there are no legal definitions for these terms. The article posits that the existing definitions of electronic evidence are imprecise and lead to interpretational doubts. Therefore, it is crucial to organise the conceptual framework in the CCP by creating new definitions or clarifying existing ones. The analysis incorporates the provisions of Regulation (EU) 2023/1543 of the European Parliament and of the Council of 12 July 2023 on European Prod uction Orders and European Preservation Orders for electronic evidence in criminal proceedings and the execution of custodial sentences following criminal proceedings.
5
Pohoretskyi, M. A., und Ye I. Lysachenko. „ADMISSIBILITY OF EVIDENCE IN THE CRIMINAL PROCEDURE LAW OF THE EUROPEAN UNION AND ITS IMPACT ON CRIMINAL JUSTICE IN UKRAINE“. Herald of criminal justice, Nr. 3-4 (2022): 20–34. http://dx.doi.org/10.17721/2413-5372.2022.3-4/20-34.
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The article is devoted to the study of admissibility of evidence in the criminal procedural law of the European Union and its impact on criminal justice in Ukraine. Authors analyze the legislative regulation and scientific approaches to determining the admissibility of evidence in European countries. The article establishes that there is no unity among the EU member states in determining the legal nature of the admissibility of evidence in criminal proceedings, namely: there are legal systems that strictly filter the information admitted to the trial (the so-called «controlled systems»), and legal systems that leave it to the discretion of the judge to assess the expediency of ignoring illegal evidence («free evidence systems»). Beyond this general distinction, evidence laws vary considerably among countries. As well as the rules of obtaining and admissibility of different types of evidence (witness testimony, interception of telephone conversations, etc.). Authors emphasize that with the increasing volume and importance of cross-border investigations in the European Union, ensuring the admissibility of evidence obtained in another Member State becomes crucial for both effective law enforcement and the protection of fundamental rights. National prosecuting authorities often investigate crimes in which part of the evidence is located abroad (a witness is abroad, the crime was committed by passing through a foreign territory, the offender crossed the border, or the crime was committed in a digital environment, etc.) In accordance with Article 6 of the European Convention on Human Rights (ECHR) and Articles 47 and 48 of the Charter of Fundamental Rights of the European Union, it is necessary to ensure that evidence obtained during cross-border investigations does not lead to its illegal or unfair use. It is concluded that the implementation of international standards, the study of the judicial practice of the European Union and the results of the work of scientists will contribute to the updating of the criminal procedural legislation of Ukraine, but it is important to take into account the national peculiarities of criminal proceedings
6
Zink, Sarah. „The Protection of Age-related Vulnerable Persons in Criminal Proceedings under German Law – An Examination Measured Against the European Guidelines“. European Criminal Law Review 12, Nr. 2 (2022): 217–29. http://dx.doi.org/10.5771/2193-5505-2022-2-217.
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Population ageing is a phenomenon that affects our societies, with both the number and proportion of older people growing across Europe. This impacts the legal capacity of vulnerable adults, who face challenges and difficulties in protecting their rights, defending their interests and accessing justice, both in national and in cross-border situations. In cross-border situations, for instance, in the case of citizens residing in a State other than that of their nationality, these existing difficulties may be exacerbated by additional obstacles with respect to language, representation or access to the judicial system and to public services in general. Those needs have been identified by the European Union. On 27 November 2013, the Commission adopted a Recommendation on procedural safeguards for vulnerable persons suspected or accused in criminal proceedings.1 The aim of the Recommendation is to encourage Member States to strengthen the procedural rights of all suspects or accused persons who are not able to understand and effectively participate in criminal proceedings due to age, their mental or physical condition or disabilities (‘vulnerable persons’). On 27 May 2021, the Council of the European Union invited the Member States to ensure the full implementation of the existing provisions.2 Consideration is being given to whether further action should be taken. This article assesses the extent to which the existing German criminal procedure law currently meets the standards for protecting older suspects and accused persons identified by the Recommendation of the Commission. By establishing minimum rules on the protection of procedural rights of suspects or accused persons in this field, the trust of Member States in criminal justice systems of other Member States can be strengthened and, thus, mutual recognition of decisions in criminal matters can be improved. In order to achieve the establishment of minimum rules, it is necessary to create a common understanding of the systems of the other Member States, which this article seeks to achieve. It also intends to provide insight into the German system that would be needed to decide, together with a consideration of the systems of the other Member States, whether further legislative action at the level of the European Union, in particular in the form of a Directive, is required.
7
Vigier-Moreno, Francisco J. „On the quality of outsourced interpreting services in criminal courts in Spain“. Babel. Revue internationale de la traduction / International Journal of Translation 66, Nr. 2 (17.04.2020): 208–25. http://dx.doi.org/10.1075/babel.00149.vig.
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Abstract Globalisation, cross-border human mobility and international migration flows have prompted cross-linguistic and cross-cultural services (e.g. translation and interpreting) in all spheres of current societies, including a sector as sensitive as justice. In Spain, as in many other countries, in the last two decades, despite fierce criticism from practitioners and academics, there has been a trend for the authorities to meet these needs by outsourcing these services to private companies rather than hiring qualified professionals individually, on the grounds that this system allows for cheaper and more efficient services. This article presents the most relevant results of a research project based on the analysis of a corpus of authentic interpreter-mediated criminal proceedings, the first project of this kind in Spain. After briefly explaining how the project was carried out and how the corpus was transcribed, annotated and analysed, special attention is paid to the findings in relation to the interpreters’ performance in terms of fidelity and accuracy, and some illustrative examples are provided. The aim is to address the quality of outsourced interpreting services in Spanish criminal courts as well as to indicate areas for improvement.
8
Dmitrieva, A., Sh Alshdaifat und P. Pastukhov. „The Features of the Use of Information Technologies in Criminal Proceedings in the BRICS Countries“. BRICS Law Journal 10, Nr. 1 (19.04.2023): 88–108. http://dx.doi.org/10.21684/2412-2343-2023-10-1-88-108.
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This article analyzes the information and technological advancements made by the BRICS countries in the field of criminal proceedings, specifically in the process of gathering evidence in criminal investigations. The relevance of the research topic is explained by the widespread proliferation of computer-related crimes and other crimes committed using computer technologies. With the increase in cybercrime, the number of digital traces left behind by criminal activity is also increasing. This calls for the development of a new approach for detecting, recording, erasing and investigating these digital traces. Given the transnational and cross-border nature of cybercrime, it is necessary to pursue a policy of interaction among the law enforcement agencies of the BRICS countries in order to effectively provide legal assistance in criminal cases, preserve the electronic data obtained from users of information and telecommunications systems and transfer the data to interested countries upon request. This will aid in the formation of a regulatory framework for the information technology sector that meets modern challenges and requirements. Additionally, it is critical to borrow best practices in order to harmonize the criminal and criminal procedure legislation of the BRICS countries, as coordinated activities will ensure closer cooperation between the countries in the socio-economic and cultural spheres, allowing for the achievement of greater results in these areas. Furthermore, the article demonstrates a new approach to the study of the comparative legal nature of the various legal systems in the BRICS countries. The conclusion reached is that the harmonization of criminal procedure systems essentially comes down to the detection of electronic data, the recording of that data in electronic form, the storage of case materials and the submission of those materials to the court in electronic form. The legal consolidation of these steps will make it possible to introduce electronic document management, thereby enabling the optimization of criminal procedure activities, the objective recording of evidentiary information and the assurance of savings in material and procedural costs associated with criminal proceedings.
9
Uhlířová, Marta. „Legal aspects of the crimes committed in insolvency proceedings – comparison of Czech and Austrian legislation“. Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 61, Nr. 7 (2013): 2911–16. http://dx.doi.org/10.11118/actaun201361072911.
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The subject of this paper is to compare the Czech and Austrian legislation considering offenses which entrepreneurs and other entities (natural person) may commit within the insolvency proceedings or which are related to the insolvency. Emphasis is placed on the comparison of Czech and Austrian legislation with regard cross-border relationships within the business environment and living between the Czech Republic and Austria.Czech entrepreneurs and natural person in Austria can get into a situation where their debtor is located in Austria and finds himself insolvent or vice versa. Also the Czech entrepreneurs and natural person may do their bussines or live in Austria and may get into such a situation when they are close to the situation which can lead to their decline. This paper would be for them a practical recommendation on how to avoid potential criminal liability.
10
Gillies, Lorna. „JURISDICTION FOR CROSS-BORDER BREACH OF PERSONALITY AND DEFAMATION: EDATE ADVERTISING AND MARTINEZ“. International and Comparative Law Quarterly 61, Nr. 4 (Oktober 2012): 1007–16. http://dx.doi.org/10.1017/s0020589312000413.
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In the conjoined cases C-509/09 e-Date Advertising GmbH v X and C-161/10 Olivier Martinez and others v MGN Ltd,1 the Court of Justice of the European Union (CJEU) was required to determine the scope of applicability of both Article 5(3) of Regulation EC 44/2001 (the Brussels I Regulation)2 and Article 3 of Directive EC 2000/31 (the Electronic Commerce Directive). Both cases were concerned with defamation and breach of personality and image rights as a result of the publication of two newspaper articles which were accessible online via each of the defendants' websites. As readers will be fully aware, Article 5(3) of the Brussels I Regulation enables claimants to establish special jurisdiction in the case of a tort, delict or quasi-delict, in the courts of the Member State where a harmful event has occurred or may occur. The effectiveness of Article 5(3) as a ground of jurisdiction focuses on the locality of the event. The question that arose in both cases was, essentially, where could the claimants bring proceedings for breach of personality and defamation as a result of newspaper articles published online via websites,3 when those websites were accessible in multiple jurisdictions? According to an experienced legal practitioner in the United Kingdom, ‘more than 25 billion individual items of content are shared each month on Facebook alone.’4 There are increasing concerns regarding the dissemination of comments through the medium of ‘ubiquit(ous), converged and displace(d)’5 Web 2.0 communications technologies. Such communications increase the potential for criminal and civil consequences in numerous jurisdictions. The ability of injured parties (famous or not) to seek redress in the most appropriate forum for the purposes of protecting their private lives and reputations is acutely significant.6
11
OLBER, PAWEŁ. „THE EUROPEAN INVESTIGATION ORDER AS A MECHANISM FOR INTERNATIONAL COOPERATION IN CRIMINAL CASES TO COMBAT CYBERCRIME“. PRZEGLĄD POLICYJNY 137, Nr. 1 (04.02.2019): 174–87. http://dx.doi.org/10.5604/01.3001.0014.2406.
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The fi ght against cybercrime requires effective and rapid solutions for the collection of digital evidence at the international level. An example of such an instrument is the European Investigation Order, which introduces a comprehensive system for obtaining evidence in cross-border cases. The legislation on this solution is contained in directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 on the European Investigation Order in criminal matters. The above regulations have been implemented into the Polish national law by the Act of 10 January 2018 amending the Act — The Code of Criminal Procedure and certain other acts. The European Investigation Order was presumably fi rst used by Polish law enforcement authorities in a case involving cybercrimes committed by a person using the aliases Thomas and Armaged0n. The use of this investigation measure made it possible to apprehend the offender many years after the fi rst offence was committed and the offender was identifi ed49. Despite this success, further changes to the European Investigation Order in national legislation are needed to improve the effectiveness of the fi ght against cybercrime. It should be proposed to modify the Prosecution Services’ Rules of Procedure as regards the authorities competent to issue European Investigation Orders. Currently, the authorities executing the European Investigation Order in Poland at the stage of preparatory proceedings are district prosecutor’s offi ces, whereas such powers should be vested in every prosecutor conducting preparatory proceedings.
12
Bugarski, Tatjana, und Milana Pisarić. „Modernization of the Prum framework for data exchange“. Zbornik radova Pravnog fakulteta, Novi Sad 55, Nr. 4 (2021): 829–50. http://dx.doi.org/10.5937/zrpfns55-35472.
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In order to improve cooperation between the competent authorities of the Member States, a mechanism for the exchange of data for the needs of criminal proceedings has been developed at the level of the European Union. Among the elements of that mechanism are the instruments created by the Prum decisions from 2008. The implementation of these decisions has removed barriers to the cross-border movement of certain categories of information, by allowing the competent authorities of one Member State to allow the competent authorities of another Member State to access and search certain databases. Although the Prum Framework is considered a successful instrument of police co-operation, several significant obstacles have been identified over time that hinder the timely and unhindered exchange of data and thus affect the efficiency of investigations. The paper discusses the necessity and direction of the revision of the Prum framework in order to modernize the instruments of data exchange.
13
Papakonstantinou, Vagelis. „Book Review: Exchange of Information and Data Protection in Cross-border Criminal Proceedings in Europe, edited by Ángeles Gutiérrez Zarza. (Vienna: Springer, 2014)“. Common Market Law Review 53, Issue 2 (01.04.2016): 589–91. http://dx.doi.org/10.54648/cola2016055.
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Кубанов, В. В. „THE INFORMATION SUPPORT FOR THE INVESTIGATION OF TRANSNATIONAL CRIMES“. Vestnik Samarskogo iuridicheskogo instituta, Nr. 1(57) (12.04.2024): 44–48. http://dx.doi.org/10.37523/sui.2024.57.1.007.
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В статье анализируются вопросы совершенствования информационного обеспечения расследования транснациональных (трансграничных) преступлений. Рассмотрены проблемы правового и организационного характера, снижающие эффективность противодействия транснациональной преступности. Отмечается отсутствие правового регулирования уголовно-процессуальной юрисдикции РФ в «киберпространстве», так как ст. 2 уголовно-процессуального закона определяет действие закона в физическом пространстве, отсылая правоприменителя к конкретной географической территории – «месту совершения преступления» в пределах либо за пределами РФ. Сделан вывод онедостаточной степени правовой регламентации информационного обеспечения расследования преступлений в нормах действующего уголовно-процессуального закона. Наличие детально разработанной процедуры реализации результатов учетно-регистрационной деятельности в процессе доказывания способствовало бы эффективности использования регистрационной информации в уголовном судопроизводстве в тех случаях, когда она имеет доказательственное значение. В качестве действенного средства предупреждения и раскрытия совершенных транснациональных преступлений предложена учетно-регистрационная деятельность, являющаяся основным источником информационного обеспечения и справочным ресурсом процесса расследования. В особенной степени в информационном обеспечении нуждается расследование преступлений, совершенных с использованием компьютерных и информационных технологий. Проблемными факторами признаны большой объем и разносторонний характер информации, используемой в расследовании и предупреждении транснациональных преступлений, которые, в свою очередь, влекут комплекс проблем, традиционно присущих информационным системам, в том числе криминалистической направленности: недостаточный уровень интеграции действующих регистрационных массивов, отсутствие единого подхода к решению проблемы классификации. The article analyzes the issues of improving information support for the investigation of transnational (cross-border) crimes. The problems of a legal and organizational nature that reduce the effectiveness of countering transnational crime are considered. It is pointed out that there is no legal regulation of the criminal procedure jurisdiction of the Russian Federation in «cyberspace», since Article 2 of the Criminal Procedure law defines the operation of the law in physical space, referring the law enforcement officer to a specific geographical territory – the «place of commission of a crime» within or outside the Russian Federation. The conclusion is made about the insufficient degree of legal regulation of information support for the investigation of crimes in the norms of the current criminal procedure law. The existence of a detailed procedure for the implementation of the results of accounting and registration activities in the process of proof would have a positive effect on the effectiveness of the use of registration information in criminal proceedings in cases where it has evidentiary value. As an effective means of preventing and disclosing committed transnational crimes, accounting and registration activities are proposed, which is the main source of information support and a reference resource for the investigation process. The investigation of crimes committed using computer and information technologies is particularly in need of information support. Problematic factors are recognized as the large volume and diverse nature of information used in the investigation and prevention of transnational crimes, which, in turn, entail a set of problems traditionally inherent in information systems, including criminalistic orientation: insufficient level of integration of existing registration arrays, lack of a unified approach to solving the classification problem.
15
Brodowski, Dominik. „Admissibility of Evidence in EPPO Proceedings“. New Journal of European Criminal Law, 31.01.2023, 203228442311546. http://dx.doi.org/10.1177/20322844231154669.
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The issue of cross-border admissibility of evidence is a recurring theme of European Criminal Justice, and continues to be perceived as a decisive obstacle hindering the effective prosecution and adjudication of crime. In spite of this, the EPPO Regulation does not include an extensive framework guaranteeing the cross-border admissibility of evidence. In this article, it is argued that this lacuna is far less worrisome than it seems: the boundaries set out by EU primary law, in particular Article 325(4) TFEU and the Charter of Fundamental Rights (CFR), as well as the opportunity of the ECJ to judge on these boundaries, allow for a sufficient convergence of national laws and practices on the (in-)admissibility of evidence.
16
Weffe H., C. E. „The Right to Be Informed: The Parallel between Criminal Law and Tax Law, with Special Emphasis on Cross-Border Situations“. World Tax Journal 9, Nr. 3 (04.08.2017). http://dx.doi.org/10.59403/3z5ahx6.
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This paper intends to identify the similarities and differences between the standards of protection of the taxpayer and the defendant in criminal proceedings, determining whether there is any common ground for building and/or interpreting those standards in order to improve people’s protection.
17
Pavlidis, George. „Asset recovery in the European Union: implementing a “no safe haven” strategy for illicit proceeds“. Journal of Money Laundering Control ahead-of-print, ahead-of-print (08.02.2021). http://dx.doi.org/10.1108/jmlc-11-2020-0131.
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Purpose This paper aims to explore existing and proposed methods for enhancing asset recovery and targeting the proceeds of illicit trades and other types of criminal activity in the European Union (EU). Consistent and comprehensive implementation is needed at several levels (preventive measures, financial investigations, criminal proceedings and asset freezing and confiscation) to create a European “no safe haven” strategy for dealing with illicit proceeds. Design/methodology/approach This paper draws on primary sources of law, legal scholarship, reports and open-source data to explore the existing and proposed methods for enhancing asset recovery in the EU. Findings The EU should expand and accelerate harmonization initiatives that target illicit proceeds in cross-border cases by using the building blocks of asset recovery (preventive measures, criminal proceedings, financial investigations and asset freezing and confiscation) in a consistent and complementary manner. Originality/value This comprehensive study examines the existing asset recovery tools and explores new methods for enhancing the associated EU legal framework.
18
Costa Ramos, Vânia, Michiel Luchtman und Geanina Munteanu. „Improving Defence Rights : Including Available Remedies in and (or as a Consequence of) Cross-Border Criminal Proceedings“. eucrim - The European Criminal Law Associations' Forum, 2020. http://dx.doi.org/10.30709/eucrim-2020-021.
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Holl, Iris. „Las asimetrías entre los procesos penales español y alemán y cómo abordarlos mediante una traducción transparente basada en el derecho comparado“. Lebende Sprachen, 25.10.2023. http://dx.doi.org/10.1515/les-2023-0010.
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Abstract Due to the system-bound nature of the law, when a legal text rooted in a legal system A is translated to be received in a legal system B, the translator must deal with the challenges arising from the asymmetries between the legal systems involved. The purpose of this paper is to dive deeper into the nature of these asymmetries and its implications for the translation process. Due to its relevance for professional translation practice, we have chosen the legal subdomain of cross-border criminal prosecution between Spain and Germany as a case study. First, the translation situations that typically arise in these settings are described. Secondly, applying the methodology of comparative law, some important connecting and differentiating points of criminal proceedings in Germany and Spain are outlined. Thirdly, the asymmetries between the two legal systems that have been identified in the comparative legal study are revised to determine their origins and to decide whether a typology can be established for translation purposes. As a last step, the adequate translation method for these settings is discussed and possible translation techniques are outlined.
20
Zavrsnik, Ales. „Blurring the Line between Law Enforcement and Intelligence: Sharpening the Gaze of Surveillance?“ Journal of Contemporary European Research 9, Nr. 1 (07.01.2013). http://dx.doi.org/10.30950/jcer.v9i1.452.
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To an ever-increasing extent, law enforcement agencies work with and rely on information obtained and passed to them by intelligence services. However, in comparison to the police, intelligent services face much less regulation or supervision. Contrasting levels of regulation and supervision pose a problem where the institutional and functional borders between intelligence and police agencies are increasingly blurred. For example: new ‘hybrid’ police-intelligence institutions have sprung up; information is freely exchanged between police and intelligence organisations; and information gathered by intelligence agencies is used in criminal proceedings. But an impulsive blurring of organisational boundaries is not a solution to growing fears of terrorism and serious cross-border crime. Secret or sensitive information should be used in a way that balances the need for intelligence gathering with the right of the defence to examine incriminating evidence.
21
Kniaziev, S., S. Cherniavskyi und M. Hribov. „International Cooperation in the Field of Covert Investigations“. Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav 25, Nr. 4 (2020). http://dx.doi.org/10.56215/01201174.7.
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The purpose of the study is to classify and disclose the content of forms of international cooperation in the field of covert investigations, as well as to develop ways to improve the legal regulation of such forms and the practice of their application. Methodology. Methodological tools are selected taking into account the purpose, specifics of the object and subject of research. It is based on a general dialectical method of scientific knowledge of real phenomena, as well as their connections with the practical activities of operational units and pre-trial investigation bodies. These methods were comprehensively used in the systematic processing of: statistical materials on the state of crime and the results of the investigative bodies of Ukraine and Interpol; international treaties and national legislation of a number of states; materials for the practical implementation of these agreements; the results of research on combating international crime; provisions of scientific works on the use by law enforcement agencies of different countries of covert methods of obtaining information necessary to combat crime; materials of operative-search cases and criminal proceedings, during the investigation of which measures of international cooperation and measures of secret receipt of information were applied. Scientific novelty. According to the results of the study, proposals were made to increase the effectiveness of the practice of international cooperation in the field of covert investigations (criminal intelligence, operational and investigative activities). Based on the proposed author's approach to the classification of forms of international cooperation in the field of covert investigations, the directions of improving international law and harmonization of national laws of different countries in terms of using covert methods to obtain information necessary to combat international crime. Conclusions. Forms of international cooperation in the field of covert investigations (criminal intelligence, operational and investigative activities) include: 1) exchange between states of information necessary for covert investigations and information obtained in the course of such investigations; 2) exchange on mutually beneficial terms of special equipment, objects and substances necessary for use in the process of covert investigation; 3) involvement of foreign specialists for their participation in covert investigations or in some covert investigative actions; 4) conducting certain covert investigative actions (covert police operations, intelligence activities in a criminal environment) at the request of another country; 5) conducting a set of covert investigative actions (covert police operations, intelligence activities in a criminal environment) at the request of another state (within one case); 6) conducting joint cross-border covert police operations (covert investigative actions) by law enforcement agencies of two or more countries; 7) conducting a covert investigation (criminal intelligence, operational and investigative activities) at the request of law enforcement agencies of another state; 8) simultaneous conduct of a covert investigation in a particular case in the territories of two or more states by their law enforcement agencies in cooperation. These forms differ in their complexity. Simpler ones may be included in the content of more complex ones. The wider the range of forms used and the more complex they are, the more effective the fight against international crime will be