Verification in the Issuing State of Evidence Obtained on the Basis of the European Investigation Order

The aim of this article is to address the issue of the ex­tent of incorporation and verification of evidence for purpose of the criminal trial as the evidence base for the judgement, namely the evidence that is obtained on the basis of the Euro­pean Investigation Order, including the evidence obtain...

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Main Authors: Sławomir Steinborn, Dawid Świeczkowski
Format: Article
Language:English
Published: The John Paul II Catholic University of Lublin 2023-09-01
Series:Review of European and Comparative Law
Subjects:
Online Access:https://czasopisma.kul.pl/index.php/recl/article/view/16567
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author Sławomir Steinborn
Dawid Świeczkowski
author_facet Sławomir Steinborn
Dawid Świeczkowski
author_sort Sławomir Steinborn
collection DOAJ
description The aim of this article is to address the issue of the ex­tent of incorporation and verification of evidence for purpose of the criminal trial as the evidence base for the judgement, namely the evidence that is obtained on the basis of the Euro­pean Investigation Order, including the evidence obtained in various forms that may raise doubts in terms of the protection of individual rights. The authors would like to focus on the analysis from the perspective of the Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 on the European Investigation Order in criminal matters and Polish legislation, and consider what kind of possibilities the issuing state’s authorities have to verify admissibility of evidence, especially the way in which the evidence is obtained when it has not been produced upon request but only delivered since it has already been in possession of the executing state’s authorities.
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spelling doaj.art-0af1fdae41a645038a251e6bfc3b40482024-03-20T13:42:14ZengThe John Paul II Catholic University of LublinReview of European and Comparative Law2545-384X2023-09-0154310.31743/recl.16567Verification in the Issuing State of Evidence Obtained on the Basis of the European Investigation OrderSławomir Steinborn0Dawid Świeczkowski1University of GdańskUniversity of GdańskThe aim of this article is to address the issue of the ex­tent of incorporation and verification of evidence for purpose of the criminal trial as the evidence base for the judgement, namely the evidence that is obtained on the basis of the Euro­pean Investigation Order, including the evidence obtained in various forms that may raise doubts in terms of the protection of individual rights. The authors would like to focus on the analysis from the perspective of the Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 on the European Investigation Order in criminal matters and Polish legislation, and consider what kind of possibilities the issuing state’s authorities have to verify admissibility of evidence, especially the way in which the evidence is obtained when it has not been produced upon request but only delivered since it has already been in possession of the executing state’s authorities. https://czasopisma.kul.pl/index.php/recl/article/view/16567European Investigation Ordervericifaction of evidenceadmissibility of evidenceprocedural requirements for issuing an European Investigation Order
spellingShingle Sławomir Steinborn
Dawid Świeczkowski
Verification in the Issuing State of Evidence Obtained on the Basis of the European Investigation Order
Review of European and Comparative Law
European Investigation Order
vericifaction of evidence
admissibility of evidence
procedural requirements for issuing an European Investigation Order
title Verification in the Issuing State of Evidence Obtained on the Basis of the European Investigation Order
title_full Verification in the Issuing State of Evidence Obtained on the Basis of the European Investigation Order
title_fullStr Verification in the Issuing State of Evidence Obtained on the Basis of the European Investigation Order
title_full_unstemmed Verification in the Issuing State of Evidence Obtained on the Basis of the European Investigation Order
title_short Verification in the Issuing State of Evidence Obtained on the Basis of the European Investigation Order
title_sort verification in the issuing state of evidence obtained on the basis of the european investigation order
topic European Investigation Order
vericifaction of evidence
admissibility of evidence
procedural requirements for issuing an European Investigation Order
url https://czasopisma.kul.pl/index.php/recl/article/view/16567
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