FREE MOVEMENT OF EVIDENCE IN CRIMINAL MATTERS IN THE EU

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Libor Klimek

Abstract

A number of legislative instruments are in force, providing for mechanisms for a Member Stateof the EU to seek the collection of admissible evidence in criminal matters in a cross-border context. The paper deals with the instruments that are involved in the concept of the free movement of evidence in criminal matters in the EU and answers the question whether it does work. First, it focuses on the development from mutual legal assistance to mutual recognition of judicial decisions in criminal matters in the EU. Second, it deals with the current procedural instruments

–an Order freezing property or evidence and a European evidence warrant. Third, it analyses legislative development in this field– a European investigation order.

 

 

Mutual legal assistance, Mutual recognition of judicial decisions in criminal matters in the EU,

Order freezing property or evidence, European evidence warrant, European investigation order.

1. INTRODUCTION

Jeremy Bentham:

 

.”1

 

We all use evidence every day. For example, we might look out the window

to see what the weather is like and use this evidence to decide what to wear, or

scientists conduct experiments and use the evidence to find cures for diseases.

Police investigators also try to gather as much evidence as possible. The judge

hears all the evidence and decides if the defendant is guilty.

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250

 

The

)

. Free movement of evidence appears to be one of the goals

 

within the establishment of that area and an essential element to fight efficiently

against cross-border and organized crime. As pointed out by the European

Commission, closer co-operation in this field is a key to the effectiveness of

criminal investigations and proceedings in the EU.

Area of freedom,

security and justice

 

) Thus, a wide

 

range of things and many types of documents can be used as evidence.

The EU set itself the objective the establishment of an

)

Evidence is the basis of justice:

exclude evidence, you exclude justice

 

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