The Problem of Obtaining Evidence from EU Countries While Achieving the “Crime Does Not Pay” Goal
As the European Union has implemented the free movement of persons, goods, services and capital, borders for crime have also often disappeared, making cross-border evidence a decades-old issue in European criminal justice. This article identifies today’s opportunities, legal tools, and their obstacl...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Sciendo
2024-12-01
|
| Series: | Baltic Journal of Law & Politics |
| Subjects: | |
| Online Access: | https://doi.org/10.2478/bjlp-2024-00022 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1832570351777742848 |
|---|---|
| author | Šalčius Marijus Molienė Reda |
| author_facet | Šalčius Marijus Molienė Reda |
| author_sort | Šalčius Marijus |
| collection | DOAJ |
| description | As the European Union has implemented the free movement of persons, goods, services and capital, borders for crime have also often disappeared, making cross-border evidence a decades-old issue in European criminal justice. This article identifies today’s opportunities, legal tools, and their obstacles and challenges in obtaining evidence at an early stage of an investigation located in another Member State. The article focuses on the identification of problems in the practical application of the European Investigation Order, European Public Prosecutor’s cross-border investigation tools and seeks to answer whether these problems will be resolved by the application of Regulation (EU) 2023/1543 (The e-evidence package) in 2026. In the context of the European Union’s efforts to fight crime in a comprehensive manner and in line with the European Commission’s Communication of 2008, that confiscation and recovery of proceeds are a powerful means for fighting organized crime effectively and its commitment to support the development of confiscation-related legislative and non-legislative measures1, alternative legal instruments to achieve the “crime does not pay” objective are also being developed, where obtaining evidence from other Member States is also a key issue. In response, the second part of this article analyses the present-day possibilities of collecting evidence in one of these alternative processes, the civil asset confiscation process, which has its origins in the criminal process analyzed in the first part of this article. |
| format | Article |
| id | doaj-art-455fa0a67aa04b0c877004921b9babe0 |
| institution | Kabale University |
| issn | 2029-0454 |
| language | English |
| publishDate | 2024-12-01 |
| publisher | Sciendo |
| record_format | Article |
| series | Baltic Journal of Law & Politics |
| spelling | doaj-art-455fa0a67aa04b0c877004921b9babe02025-02-02T15:47:45ZengSciendoBaltic Journal of Law & Politics2029-04542024-12-0117220722710.2478/bjlp-2024-00022The Problem of Obtaining Evidence from EU Countries While Achieving the “Crime Does Not Pay” GoalŠalčius Marijus0Molienė Reda11Associate Professor, Ph.D. Faculty of Law, Vytautas Magnus University, Lithuania2Ph.D. student Faculty of Law, Vytautas Magnus University, LithuaniaAs the European Union has implemented the free movement of persons, goods, services and capital, borders for crime have also often disappeared, making cross-border evidence a decades-old issue in European criminal justice. This article identifies today’s opportunities, legal tools, and their obstacles and challenges in obtaining evidence at an early stage of an investigation located in another Member State. The article focuses on the identification of problems in the practical application of the European Investigation Order, European Public Prosecutor’s cross-border investigation tools and seeks to answer whether these problems will be resolved by the application of Regulation (EU) 2023/1543 (The e-evidence package) in 2026. In the context of the European Union’s efforts to fight crime in a comprehensive manner and in line with the European Commission’s Communication of 2008, that confiscation and recovery of proceeds are a powerful means for fighting organized crime effectively and its commitment to support the development of confiscation-related legislative and non-legislative measures1, alternative legal instruments to achieve the “crime does not pay” objective are also being developed, where obtaining evidence from other Member States is also a key issue. In response, the second part of this article analyses the present-day possibilities of collecting evidence in one of these alternative processes, the civil asset confiscation process, which has its origins in the criminal process analyzed in the first part of this article.https://doi.org/10.2478/bjlp-2024-00022criminal procedure lawe-evidenceeuropean investigation ordereuropean public prosecutor’s officecivil asset confiscation |
| spellingShingle | Šalčius Marijus Molienė Reda The Problem of Obtaining Evidence from EU Countries While Achieving the “Crime Does Not Pay” Goal Baltic Journal of Law & Politics criminal procedure law e-evidence european investigation order european public prosecutor’s office civil asset confiscation |
| title | The Problem of Obtaining Evidence from EU Countries While Achieving the “Crime Does Not Pay” Goal |
| title_full | The Problem of Obtaining Evidence from EU Countries While Achieving the “Crime Does Not Pay” Goal |
| title_fullStr | The Problem of Obtaining Evidence from EU Countries While Achieving the “Crime Does Not Pay” Goal |
| title_full_unstemmed | The Problem of Obtaining Evidence from EU Countries While Achieving the “Crime Does Not Pay” Goal |
| title_short | The Problem of Obtaining Evidence from EU Countries While Achieving the “Crime Does Not Pay” Goal |
| title_sort | problem of obtaining evidence from eu countries while achieving the crime does not pay goal |
| topic | criminal procedure law e-evidence european investigation order european public prosecutor’s office civil asset confiscation |
| url | https://doi.org/10.2478/bjlp-2024-00022 |
| work_keys_str_mv | AT salciusmarijus theproblemofobtainingevidencefromeucountrieswhileachievingthecrimedoesnotpaygoal AT molienereda theproblemofobtainingevidencefromeucountrieswhileachievingthecrimedoesnotpaygoal AT salciusmarijus problemofobtainingevidencefromeucountrieswhileachievingthecrimedoesnotpaygoal AT molienereda problemofobtainingevidencefromeucountrieswhileachievingthecrimedoesnotpaygoal |