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Editorial Guest editorial eucrim 2-2023

11 October 2023 (updated 2 months, 3 weeks ago) // english

Dear Readers, On 12 July 2023, after more than five years of, in part, very fraught negotiations, the European Parliament and the Council signed the so-called “e-evidence package”. This marked the turning point in the cooperation between law enforcement authorities and service providers. Criminal offences prepared and carried out exclusively offline are a thing of the past, which is why electronic evidence is becoming increasingly important for law enforcement authorities. However, e-evidence is frequently stored in another State and, until now, cross-border access to such evidence was often very burdensome, often resulting in possibly already getting lost and causing investigations… Read more

Pfeffer_Kristin-Portrait_sw Prof. Dr. Kristin Pfeffer

Die Regulierung des (grenzüberschreitenden) Zugangs zu elektronischen Beweismitteln

Aktuelle nationale, europa- und völkerrechtliche Entwicklungen

11 October 2023 (updated 2 months, 3 weeks ago) // german

This article provides an overview of current national, European, and international legal efforts to regulate cross-border access to electronic evidence. At the level of the EU, it was recently decided to harmonise the legal systems of the Member States by means of regulations and directives, which is to be flanked by an agreement between the EU and the USA in the future. In addition, there are already agreements under international law, such as the Second Additional Protocol to the Convention on Cybercrime (Budapest Convention) of the Council of Europe. Meanwhile a future UN Cybercrime Convention is being negotiated in the UN. This article outlines these developments.

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Frunza-Nicolescu_Alexandru_sw Alexandru Frunza-Nicolescu

Electronic Evidence Collection in Cases of the European Public Prosecutor’s Office

Legal Framework, Procedures, and Specifics

11 October 2023 (updated 2 months, 3 weeks ago) // english

Electronic evidence (e-evidence) is necessary and relevant with regard to many cases of serious, organised, or cross-border crime. This is also true for cases investigated by the European Public Prosecutor’s Office (EPPO). This article outlines the current legal framework, procedures, and mechanisms available to the EPPO for the collection of e-evidence in different case scenarios. It also takes into account the requirements for the protection of personal data, in particular arising in the transfer of operational data to authorities and private parties in third countries.

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Editorial Guest editorial eucrim 1-2023

28 July 2023 (updated 6 months, 3 weeks ago) // english

Dear Readers, Artificial Intelligence (AI) has the potential to help us in many ways. One of the promising fields in which AI can be employed is in the fight against crime, as is spotlighted by a number of contributions in this issue, e.g. on AI’s impact on anti-money-laundering regimes or on the employment of AI to prevent cross-border human trafficking. AI also shows its immense potential when applied in the field of forensic analysis, where robots equipped with advanced imaging and analysis capabilities can assist. They are not only capable of processing evidence, collecting fingerprints, analysing DNA samples, and performing… Read more

Herrnfeld_IMG_3110 Dr. Hans-Holger Herrnfeld

Efficiency contra legem?

Remarks on the Advocate General’s Opinion Delivered on 22 June 2023 in Case C-281/22 G.K. and Others (Parquet européen)

25 July 2023 (updated 2 months, 3 weeks ago) // english

The first preliminary ruling request concerning the EPPO Regulation raises several interesting questions regarding the interpretation of its Art. 31 on cross-border investigations. Advocate General Ćapeta presented her Opinion and proposals to the Court of Justice of the European Union on 22 June 2023. Her analysis shows the difficulties that the Court will presumably face when trying to find proper answers to the questions raised by the Higher Regional Court of Vienna (Austria), as it is difficult to reconcile the wording and context of its provisions and its legislative history with the Union legislator’s presumed objectives, namely, to establish an efficient system for cross-border cooperation. The author concludes that a proper solution will in any case require an amendment of Art. 31 by the Union legislator. In particular, it should be up to the legislator to clarify the scope of review to be undertaken in the course of any ex … Read more

Hadwick_David_sw David Hadwick

“Error 404 – Match not found”

Tax Enforcement and Law Enforcement in the EU Artificial Intelligence Act

1 June 2023 (updated 6 months, 3 weeks ago) // english

In EU Member States, tax administrations are the public organs that make most use of artificial intelligence (AI) and machine learning (ML) systems to perform State prerogatives. At least 18 EU Member States frequently use AI tax enforcement systems. In certain areas of taxation, such as value-added tax, AI and ML are already used throughout the EU. These systems perform a relatively broad range of tasks, reflecting the wide array of prerogatives of the administration itself. Generally, these different systems can be categorized into two archetypes: coercive and non-coercive AI systems. While non-coercive AI tax systems do not generate significant risks of conflict with taxpayers’ fundamental rights, coercive AI tax systems used for tax enforcement bring about serious risks of conflict with taxpayers’ fundamental rights and tax procedure as a whole. These risks have already materialised in a number of cases and have even led to serious scandals, such as … Read more