scholarly journals Features of video conferencing as forms of mutual legal assistance in criminal matters

2020 ◽  
Vol 1 (2) ◽  
pp. 291-299
Author(s):  
Dildora Umarkhanova
Keyword(s):  
Video Conferencing ◽  
Real Life ◽  
Legal Framework ◽  
Legal Assistance ◽  
Criminal Cases ◽  
Mutual Legal Assistance ◽  
Advantages And Disadvantages ◽  
Foreign Countries ◽  
Current Article ◽  
Criminal Matters

The article analyzes the features of videoconferencing as a form of mutual legal assistance in criminal cases and the need for its The article analyzes the features of videoconferencing as a form of mutual legal assistance in criminal cases and the need for its use. The author explores the international and national legal framework for using video conferencing tools as innovative technologies. As a result of the study, gaps in the legislation on the use of videoconferences in matters of international cooperation in criminal matters were identified. In addition, the experience, advantages and disadvantages of foreign countries in using this form of mutual legal assistance are considered, and the relevant practice is studied in detail. Current article is enriched with real life examples. As a result, the features of the use of videoconferencing in mutual legal assistance in criminal cases, as well as the consequences and conveniences of using these tools in pandemic situation were identified, and proposals were developed to amend the relevant legislationuse. The author explores the international and national legal framework for using video conferencing tools as innovative technologies. As a result of the study, gaps in the legislation on the use of videoconferences in matters of international cooperation in criminal matters were identified. In addition, the experience, advantages and disadvantages of foreign countries in using this form of mutual legal assistance are considered, and the relevant practice is studied in detail. Current article is enriched with real life examples. As a result, the features of the use of videoconferencing in mutual legal assistance in criminal cases, as well as the consequences and conveniences of using these tools in pandemic situation were identified, and proposals were developed to amend the relevant legislation

The Request for Mutual Assistance and the European Investigation Order – Is the Modern Legal Assistance Instrument Better than its Predecessor

2020 ◽  
Vol 26 (2) ◽  
pp. 211-216
Author(s):  
Georgia Papucharova
Keyword(s):  
European Convention ◽  
Legal Assistance ◽  
Judicial Cooperation ◽  
Mutual Legal Assistance ◽  
Mutual Assistance ◽  
Goods And Services ◽  
Advantages And Disadvantages ◽  
Cross Border ◽  
International Response ◽  
Criminal Matters

AbstractEuropean evidence law is a quite sensitive topic and has always been the cause of much debate by practitioners and academics. Theoretical and physical borders do not matter for transnational crime. The intensive mobility of people and the evolution of world trade with goods and services create favorable conditions for the cross-border crime to develop. Therefore, it is of a great importance to take far-reaching steps to an upgraded mechanism for obtaining evidence in and from the Member States. This article examines the application of two mutual legal assistance instruments – the request for mutual assistance, which was established by the European Convention on Mutual Assistance in Criminal Matters of 1959, the EU Mutual Legal Assistance Convention of2000 with its 2001 Protocol, and Arts. 48 to 53 of the Schengen Agreement, and the European Investigation Order introduced by the Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters. The main objective of this research is to emphasize the advantages and disadvantages of both judicial cooperation mechanisms. A comparative analysis of both operational tools is an appropriate way to assess which one is related to more procedural savings and how both of them deal with the protection of human rights. Thus, the modern instruments for judicial cooperation in the area of transnational evidence-gathering as an international response to crimes with cross-border dimensions can be adequately valued.

International Law and Treaty Obligations, Mutual Legal Assistance, and EU Instruments

2019 ◽  
pp. 608-630
Author(s):  
Martin Böse
Keyword(s):  
International Law ◽  
International Cooperation ◽  
Mutual Recognition ◽  
Legal Framework ◽  
Legal Assistance ◽  
European Union Law ◽  
Mutual Legal Assistance ◽  
Asset Recovery ◽  
Criminal Matters ◽  
New Instruments

This chapter deals with international and European Union law that provides a legal framework for international cooperation in crime-related matters. The relevant provisions of international law form part of treaties combating transnational crime and of bilateral and multilateral agreements establishing a general framework for international cooperation in criminal matters as well as the new instruments under EU law that are based upon the principle of mutual legal assistance. The chapter first outlines the scope and elements of international cooperation in criminal matters before discussing international cooperation in criminal matters and human rights. It then considers the principle of mutual recognition, new international cooperation instruments such as extradition, and enforcement of criminal sentences and measures. In particular, it examines the transfer of convicted persons and enforcement of prison sentences, along with enforcement of pecuniary sanctions and asset recovery.

Problems Related to the Practical Implementation of the Treaty of Mutual Legal Assistance in Criminal Matters between the Republic of Bulgaria and People’s Republic of China

De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Dimitar Mladenov ◽  
Keyword(s):  
People’S Republic Of China ◽  
Practical Implementation ◽  
Legal Assistance ◽  
People's Republic Of China ◽  
Mutual Legal Assistance ◽  
Republic Of China ◽  
Autonomous Regions ◽  
The Republic ◽  
Criminal Matters

The article addresses various problems in the practical implementation of the Treaty on Mutual Legal Assistance in Criminal Matters between the Republic of Bulgaria and the People’s Republic of China. These include way of execution, proofs, centralized communication, special autonomous regions of China, political crimes, etc. from a Bulgarian perspective.

scholarly journals Historical aspects of development of the institution of legal assistance between states in criminal matters in the Republic of Azerbaijan

2021 ◽  
pp. 48-60
Author(s):  
Matanat Pasha Askerova
Keyword(s):  
Intergovernmental Relations ◽  
Legal Assistance ◽  
Criminal Proceedings ◽  
Mutual Legal Assistance ◽  
Legal Proceedings ◽  
Bilateral Agreements ◽  
Administration Of Justice ◽  
Legislative Framework ◽  
The Republic ◽  
Criminal Matters

The subject of this research is the historical-legal grounds of rendering mutual legal assistance in the Republic of Azerbaijan. Research methodology is comprised of formal-legal, comparative-legal, and historical-legal methods. Normative framework is formed by the Constitution, provisions of the criminal procedure legislation and laws, international acts acceded by the Republic of Azerbaijan, which regulate mutual legal assistance issues. Objective: to develop proposals for improving the Institute of mutual legal Assistance. assistance in criminal matters based on the historical experience in this field. The research results are as follows: mutual legal assistance has evolved from elementary extradition of fugitive serfs, one-time provision of diplomatic assistance to institutionalized legal assistance based on multilateral and bilateral agreements; from the absence of  legislative framework to codification; from inclusion of separate norms on certain aspects of the agreement on friendly relations, peace, cooperation or even submission to conclusion of special bilateral agreements. The acquired results can be implemented in intergovernmental relations regulation of rendering mutual legal assistance in criminal matters. The novelty of this research consists in consideration of legal assistance based on the historical-normative acts of the Republic of Azerbaijan. The following conclusions were made: in some historical periods, legal assistance included such institutions as the presence of state representative of the accused in administration of justice against a foreigner, unconditional extradition of criminals who committed grave crime, stiff punishment of those reluctant to peace, elimination from jurisdiction of certain criminals, transfer of prosecution, etc. can still be currently used to regulate or improve the institution of legal assistance in criminal matters, including reasonable terms for submitting court requests. For example, a reasonable term for criminal proceedings is one of the guarantees of effective legal proceedings, the violation of which also entails an infringement of such a fundamental right to fairness of proceedings.

scholarly journals EU-US Digital Data Exchange to Combat Financial Crime: Fast is the New Slow

2018 ◽  
Vol 19 (5) ◽  
pp. 1251-1267 ◽  
Author(s):  
Els De Busser
Keyword(s):  
Data Exchange ◽  
Legal Framework ◽  
Company Law ◽  
Digital Data ◽  
Digital Evidence ◽  
Criminal Prosecution ◽  
Legal Assistance ◽  
Mutual Legal Assistance ◽  
Cross Border ◽  
Digital Nature

AbstractCriminal offenses with the most different modi operandi and levels of complexity can generate digital evidence, whether or not the actual crime is committed by using information and communication technology (ICT). The digital data that could be used as evidence in a later criminal prosecution is mostly in the hands of private companies who provide services on the Internet. These companies often store their customers’ data on cloud servers that are not necessarily located in the same jurisdiction as the company. Law enforcement and prosecution authorities then need to take two steps that are not exclusive for evidence of a digital nature. First, they need to discover where the data is located—with which company and in which jurisdiction. Second, they need to obtain the data. In considering digital evidence, the last step, however, is complicated by new issues that form the focus of this paper. The first concern is the practice by companies to dynamically distribute data over globally spread data centers in the blink of an eye. This is a practical concern as well as a legal concern. The second issue is the slowness of the currently applicable international legal framework that has not yet been updated to a fast-paced society where increasingly more evidence is of a digital nature. The slowness of traditional mutual legal assistance may be no news. The lack of a suitable legal framework for competent authorities that need to obtain digital evidence in a cross-border manner, nonetheless, creates a landscape of diverse initiatives by individual states that try to remedy this situation. A third issue is the position that companies are put in by the new EU proposal to build a legal framework governing production orders for digital evidence. With companies in the driver's seat of a cross-border evidence gathering operation, guarantees of the traditional mutual legal assistance framework seem to be dropped. A fourth issue is the position of data protection safeguards. US based companies make for significant data suppliers for criminal investigations conducted by EU based authorities. Conflicting legal regimes affect the efficiency of data transfers as well as the protection of personal data to citizens.

Netherlands-United States: Treaty on Mutual Legal Assistance

1982 ◽  
Vol 21 (1) ◽  
pp. 48-57
Keyword(s):  
United States ◽  
United States Of America ◽  
The United States ◽  
Legal Assistance ◽  
Mutual Legal Assistance ◽  
Mutual Assistance ◽  
Department Of State ◽  
Statutory Authority ◽  
The Hague ◽  
Criminal Matters

With a view to receiving the advice and consent of the Senate to ratification, I transmit herewith the Treaty on Mutual Legal Assistance between the United States of America and the Kingdom of the Netherlands, together with a related exchange of notes, signed at The Hague on June 12,1981.I transmit also, for the information of the Senate, the report of the Department of State with respect to the treaty.The treaty is one of a series of modern mutual assistance treaties being negotiated by the United States. The treaty is self-executing and utilizes existing statutory authority.The new treaty provides for a broad range of cooperation in criminal matters. Mutual assistance available under the treaty includes: (1) executing requests relating to criminal matters; (2) taking of testimony or statements of persons; (3) effecting the production, preservation, and authentication of documents, records, or articles of evidence.

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