Transnational gathering of electronic evidences: challenges and perspectives in the European Union

It is well-known that transnational data flows are rising simultaneously with the increasing use of social media, webmail, messaging services, and apps to communicate, work, socialize and gain information, unfortunately, including also unlawful purposes. Criminal procedural measures for gathering ev...

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Main Author: Armen OGANESEAN
Format: Article
Language:English
Published: National Institute of Justice 2022-10-01
Series:Revista Institutului Naţional de Justiţie
Subjects:
Online Access:https://ibn.idsi.md/sites/default/files/imag_file/54-60_27.pdf
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author Armen OGANESEAN
author_facet Armen OGANESEAN
author_sort Armen OGANESEAN
collection DOAJ
description It is well-known that transnational data flows are rising simultaneously with the increasing use of social media, webmail, messaging services, and apps to communicate, work, socialize and gain information, unfortunately, including also unlawful purposes. Criminal procedural measures for gathering evidence as part of a criminal investigation are usually national in scope, but obtaining electronic evidence often has cross-border implications. Courts and legislatures have often failed to keep pace with rapid advances in digital technology and computer software capabilities. This paper analyzes the European legal framework for the transnational gathering of electronic evidence in Europe. Initially, it argues the challenges of the cross-border gathering of electronic evidence in criminal investigations
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spelling doaj.art-c940a56cb5644c3b9fabfb7ac509437c2022-12-22T03:28:17ZengNational Institute of JusticeRevista Institutului Naţional de Justiţie1857-24052022-10-01143546010.52277/1857-2405.2022.3(62).08Transnational gathering of electronic evidences: challenges and perspectives in the European UnionArmen OGANESEAN0https://orcid.org/0000-0001-7357-0141PhD in Law, prosecutorIt is well-known that transnational data flows are rising simultaneously with the increasing use of social media, webmail, messaging services, and apps to communicate, work, socialize and gain information, unfortunately, including also unlawful purposes. Criminal procedural measures for gathering evidence as part of a criminal investigation are usually national in scope, but obtaining electronic evidence often has cross-border implications. Courts and legislatures have often failed to keep pace with rapid advances in digital technology and computer software capabilities. This paper analyzes the European legal framework for the transnational gathering of electronic evidence in Europe. Initially, it argues the challenges of the cross-border gathering of electronic evidence in criminal investigationshttps://ibn.idsi.md/sites/default/files/imag_file/54-60_27.pdfdigital evidenceselectroniccybercrimeinvestigationprosecutioncross-border
spellingShingle Armen OGANESEAN
Transnational gathering of electronic evidences: challenges and perspectives in the European Union
Revista Institutului Naţional de Justiţie
digital evidences
electronic
cybercrime
investigation
prosecution
cross-border
title Transnational gathering of electronic evidences: challenges and perspectives in the European Union
title_full Transnational gathering of electronic evidences: challenges and perspectives in the European Union
title_fullStr Transnational gathering of electronic evidences: challenges and perspectives in the European Union
title_full_unstemmed Transnational gathering of electronic evidences: challenges and perspectives in the European Union
title_short Transnational gathering of electronic evidences: challenges and perspectives in the European Union
title_sort transnational gathering of electronic evidences challenges and perspectives in the european union
topic digital evidences
electronic
cybercrime
investigation
prosecution
cross-border
url https://ibn.idsi.md/sites/default/files/imag_file/54-60_27.pdf
work_keys_str_mv AT armenoganesean transnationalgatheringofelectronicevidenceschallengesandperspectivesintheeuropeanunion