Proceedings of The International Social Sciences Conference
Year: 2024
DOI:
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European Production Orders and European Preservation Orders for Electronic Evidence in Criminal Proceedings: Brief Analysis
Simona Franguloiu
ABSTRACT:
It is known that cross-border crime is progressively increasing in all areas of crime, but particularly in the field of cyber-crime, so we must note the importance and necessity of adopting Regulation (EU) 2023/1543 on European Production Orders and European Preservation Orders for electronic evidence in criminal proceedings and for the execution of custodial sentences. This recent legal act is intended to streamline the obtaining, administering and preserving of electronic evidence in cross-border investigations and to protect cyberspace against any attacks that would aim to compromise electronic evidence. Of course, there are also a number of criticisms of the Regulation that are the subject of this study, which will be discussed during subsequent sections, in particular with regard to the respect of fundamental rights (not only from the perspective of suspects or defendants, but also from the perspective of other subjects of the proceedings), but also with reference to the liability of private service providers or to certain aspects of privacy. The regulatory provisions raise some problems with regard to the possibility of examination of the order by the executing judicial authority, the removal of the requirement of double criminality and, correlatively, of the principle of specialty, as well as with regard to the remedies of appeal in this state, which seem to remain ineffective, tending to negate the mandatory double jurisdiction. For these reasons, we believe that a balance needs to be struck between the need to crack down on crime and respect for fundamental rights and the principles of the criminal procedure.
keywords: criminal procedure, electronic evidence, fundamental rights, judicial cooperation, regulation