Publication details
Elektronické důkazy v trestním řízení: komparativní pohled
| Title in English | Electronic Evidence in Criminal Proceedings: Comparative View |
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| Authors | |
| Year of publication | 2023 |
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| Citation | |
| Description | Working with electronic sources of evidence has already become an integral part of the daily practice of law enforcement agencies. One of the characteristic features of e-evidence is its extraterritoriality, as these are often located outside the territory of the given state and their securing is done through international police and judicial cooperation. The discussion focused on upcoming changes in the field of international judicial cooperation in this area and their practical implications for the day-to-day cooperation of the judicial authorities of different countries. The key impacts of the prepared second additional protocol to the Convention on Cybercrime and the draft Regulation on European Transfer and Preservation Orders for electronic evidence in criminal matters on judicial cooperation between the member states of the Council of Europe and the European Union were presented. Furthermore, specific differences between the Czech and Slovak legislation regarding the securing of electronic sources of evidence were presented and application difficulties related to them were outlined, which must be kept in mind when implementing judicial cooperation between law enforcement authorities in both countries. Last but not least, findings arising from the decision-making practice of the Supreme Court and the Constitutional Court of the Czech Republic on this issue were presented, including practical questions connected with the taking of evidence. |