scholarly journals East Meets West

2021 ◽  
Author(s):  
Angela Leonor C. Aguinaldo
Keyword(s):  
International Cooperation ◽  
The Philippines ◽  
Legal Assistance ◽  
Regional Organizations ◽  
Member States ◽  
Mutual Legal Assistance ◽  
The Uk ◽  
Criminal Matters ◽  
The Eu

The first and only book of its kind, this book tackles how mutual legal assistance in criminal matters can develop within and between the ASEAN and the EU. Through this book the reader can gain knowledge on international cooperation in criminal matters, especially on mutual legal assistance, in the ASEAN and the EU, including its member states such as the Philippines, Malaysia, the UK, and Germany. This includes discussions on the regional organizations’ historical and socio-political underpinnings, each one’s existing mutual legal assistance mechanisms, and other considerations to further develop mutual legal assistance within and between the ASEAN and the EU.

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.

Modern Instruments for Evidence-Gathering in Criminal Matters Across EU

2018 ◽  
Vol 24 (2) ◽  
pp. 248-254
Author(s):  
Ralitsa Voynova
Keyword(s):  
Criminal Justice ◽  
Mutual Recognition ◽  
Legal Assistance ◽  
Criminal Cases ◽  
Member States ◽  
Eu Member States ◽  
European Area ◽  
Evidence Gathering ◽  
Criminal Matters ◽  
The Eu

Abstract Subjects of analysis in this paper are the latest instruments for investigation and collection of evidence in criminal cases applicable to the legal cooperation between the EU Member States. Emphasis is placed on the European Investigation Order (EIO) - the newest EU measure for legal assistance in criminal matters. Based on a comparison with existing tools in the same field there are highlighted the advantages of EIO for affirmation of the principle of mutual recognition of judgments in the European area of criminal justice

scholarly journals The Digital Unfitness of Mutual Legal Assistance

2018 ◽  
Vol 28 (1-4) ◽  
pp. 161-179
Author(s):  
Els De Busser
Keyword(s):  
Law Enforcement ◽  
International Cooperation ◽  
Digital Evidence ◽  
Legal Assistance ◽  
Mutual Legal Assistance ◽  
Cooperation Mechanism ◽  
The World ◽  
Evidence Gathering ◽  
Criminal Matters

Any crime could generate digital evidence. That is a reality law enforcement authorities across the world need to face. The volatile and “unterritorial” nature of the evidence means that international cooperation in criminal matters is confronted with new questions. One of these questions is whether the traditional cooperation mechanism, mutual legal assistance, is a viable way of working. Due to its time-consuming and cumbersome functioning combined with the lack of a faster alternative, countries have developed unilateral and extraterritorial methods of evidence gathering. This paper zooms in on this development and the risks it entails.

Mutual Legal Assistance in Criminal Matters in the Western Balkan

2016 ◽  
Vol 24 (4) ◽  
pp. 322-339
Author(s):  
André Klip
Keyword(s):  
European Union ◽  
International Cooperation ◽  
Legal Assistance ◽  
The European Union ◽  
Mutual Legal Assistance ◽  
Central Focus ◽  
Joint Investigation ◽  
European Standards ◽  
Criminal Matters ◽  
Balkan States

The central focus of the study is what obstacles might exist in national legislation and practice of the Western Balkan states that might hinder or complicate the efficiency of international cooperation, according to European standards. The states that are included in the study are all states that have expressed their wish to accede to the European Union (Albania, Bosnia and Herzegovina, Kosovo, Macedonia, Montenegro, Serbia) and Croatia that already has become a Member State. The question “What could amount to impediments to international cooperation?” has been leading throughout the study. The study is therefore to be considered as problem-focused. The study analyses various forms of international cooperation, such as exchange of information, mutual legal assistance, extradition, transfer of proceedings, joint investigation teams, confiscation, as well as the transfer of judgements and prisoners.

Mutual legal assistance under the EU–UK Trade and Cooperation Agreement

2021 ◽  
pp. 203228442199593
Author(s):  
Anna Oehmichen ◽  
Ben Keith
Keyword(s):  
Legal Assistance ◽  
Cooperation Agreement ◽  
Mutual Legal Assistance ◽  
Mutual Assistance ◽  
Applicable Law ◽  
Legal Remedies ◽  
Criminal Matters ◽  
The Eu

This article provides an analysis of the new provisions in the EUUK Trade and Cooperation Agreement (TCA) that govern Mutual Legal Assistance in criminal matters. While only few provisions of the European Investigation Order are picked up by the TCA, it is mostly based on the Council of Europe’s European Mutual Assistance Convention of 1959. An overview on applicable law is provided, after which a closer look is taken at procedural aspects in general as well as specific differences between previously applicable and new provisions. In this respect, two conditions for issuing a request are considered, namely availability in similar domestic cases and proportionality. Grounds for refusal, provisional measures and legal remedies also are highlighted. The authors conclude that the new provisions leave a lot of unanswered questions and that while mutual legal assistance can continue, it will happen at reduced pace.

scholarly journals International cooperation and mutual legal assistance in criminal matters in handling with transnational wildlife trafficking crimes in Vietnam

2020 ◽  
Vol 164 ◽  
pp. 11006
Author(s):  
Duc Hanh Nguyen
Keyword(s):  
International Cooperation ◽  
Species Conservation ◽  
Legal Assistance ◽  
Mutual Legal Assistance ◽  
Legal Response ◽  
Criminal Organizations ◽  
The World ◽  
Asean Countries ◽  
Criminal Matters ◽  
International Conventions

Wildlife crimes have been continuously increasing all over the world but particularly in ASEAN countries, and the criminals have employed more and more sophisticated tatics and strategies. Though many countries have introduced their own solutions to enhance the legal response and capacity to investigate, prosecute and adjudicate wildlife-related crimes, the results so far are under expectation. Vietnam has various types of wild, precious and rare flora and fauna; however, these numbers have rapidly decreased due to uncontrolled exploitation and illegal trade. Aiming to conserve and develop the nation’s biodiversity, the Penal Code 2015 (amended in 2017) and the Criminal Procedure Code 2015 have new regulations that incorporate international conventions that Vietnam has acceded to. At the same time, Vietnam has become a transit nation employed by transnational criminal organizations, so that in order to tackle wildlife crimes effectively, it is significant to develop and sustain active international cooperation and mutual legal assistance in criminal matters among Vietnam and other countries in the region, as well as from all over the world. In that spirit, this article will concentrate on analyzing the current situation of wildlife crimes that has international elements; identifying roots of difficulties, challenges in dealing with this type of crimes in Vietnam as well as in the region; then proposing recommendations and solutions to improve the quality of handling transnational wildlife crimes for the sake of species conservation, environment and biodiveristy protection for humankind.

scholarly journals Movement of Evidence in the European Union: Challenges for the European Investigation Order

2016 ◽  
Vol 9 (2) ◽  
pp. 56-84
Author(s):  
Raimundas Jurka ◽  
Jolanta Zajančkauskienė
Keyword(s):  
European Union ◽  
International Cooperation ◽  
The State ◽  
Legal Assistance ◽  
The European Union ◽  
Criminal Proceedings ◽  
Member States ◽  
Human Rights Protection ◽  
Criminal Matters ◽  
Law Of Evidence

Abstract The issue of international cooperation in criminal matters has interested legal theorists and practitioners for decades. In this area of law there are certain challenges that can only be tackled by using the joint efforts of the States, which is different from the national law of the States. For this reason, certain principles of law are specific for international cooperation, and on the basis of these principles States provide legal assistance requests to each other or else create preconditions to ensure the efficient and unimpeded criminal proceedings. It is true that the principles of mutual legal assistance and recognition, and the influence of their alternation are not identical to all segments of international cooperation, including the development of the evidence law in the European Union. With regard to the evidence and their admissibility in Member States of the European Union, it should be noted that this issue is still relevant, because the biggest concern of some Member States is the admissibility of evidence, when evidence is collected in one State and the admissibility of them is assessed in the other State. It would seem like a more formalized “concern”, but basically it is a quite significant impulse for searching of new legal instruments in the European Union, which would be able not only ensure the acceptability (admissibility) of evidence that was collected in the foreign State in accordance with the relevant procedural form, and in the court of the State which obtained this evidence, but also the sovereignty of the State, the authenticity of the national law, and the respect for the legal culture and traditions of this State. The authors discuss the development of the law of evidence, the separate legal segments of this law, and their strengths and weaknesses in the article. Despite the fact that the effective mechanisms of evidence movement among Member States appear in modern European Union criminal justice, the latest legal instruments lack the clarity and certainty of certain procedural legal guarantees in the context of human rights protection.

Arresting Developments: The Post-Brexit Future of European Arrest Warrants

2019 ◽  
Vol 84 (2) ◽  
pp. 124-141
Author(s):  
Cathál MacPartholán
Keyword(s):  
Legal Assistance ◽  
Member States ◽  
Mutual Legal Assistance ◽  
Eu Countries ◽  
Eu Member States ◽  
The Uk ◽  
The Way

This article focuses on European Arrest Warrants (EAWs) and solutions for effective assistance in judicial cases and evidence-sharing between the EU27 and the UK. The article sets out the context of how the theme of EU Member States’ mutual legal assistance specifically gave rise to the development of EAWs, which permit EU members to request the arrest and detention of suspects in other EU countries, without extradition negotiations between them. This article critically evaluates the potential post-Brexit future and advances alternative suggestions for the way ahead.

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.

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