Volledige vakbeschrijvingThe course deals with cross-border gathering, transfer and use of information and evidence in criminal matters between competent (law enforcement and judicial) authorities of EU (and other Council of Europe (CoE)) member states in view of securing its admissibility, while also duly respecting the legal position of the suspect, accused, defendant or the victim. Given that key notions of domestic (procedural) criminal law and investigative measures in criminal matters, domestic rules about evidence admissibility or exclusion before court and the roles and competencies of competent authorities in criminal matters vary significantly between different EU/CoE criminal justice systems, European cooperation aimed at cross-border gathering and use of information and evidence is a complex matter. Students will be invited to approach cooperation complexities from different domestic systems of choice as well as from an EU (criminal policy) perspective. On a cross- border level, discussions will be centered primarily around EU and CoE cooperation realities, both in the sphere of law enforcement (police/customs) and judicial information exchange and cooperation in criminal matters. For the latter, both mutual legal assistance (MLA) and mutual recognition based approaches will pass in review. Transatlantic information exchange and the gathering and use of evidence (both of the EU and the EU member states with the USA) will be studied as a selected issue, given the relevance thereof from a comparative/net-widening legal perspective. A wide variety of investigative or information and evidence gathering measures will pass in review, such as the obtaining of existing objects, documents and data (through freezing, (house) search, seizure; from databases; of classified information; from private third parties (like banks, telecom or IT providers, carriers)), interrogations and witness/victim or expert hearings or confrontations (where conducted through telephone or videoconferencing; of children; of anonymous witnesses or collaborators with justice), forensic investigation and expert evidence (including if DNA-based), intrusive/coercive/covert investigative techniques (telecom interception, bank account monitoring, controlled delivery, covert investigation, etc.) and cooperation in joint investigation teams (JITs).
Doelstellingen van dit vak- to understand and to be able to apply and comment on information and evidence related police and judicial cooperation mechanisms in criminal matters in the EU (and the CoE) - to have the ability to reflect in a critical-scientific manner - to be able to autonomously consult, analyse and process legal and scientific sources in English - to be able to adequately report in English, both orally and in writing, about the subject matter
Aanbevolen literatuurG. Vermeulen, Free Gathering and Movement of Evidence in Criminal Matters in the EU : Thinking Beyond Borders, Striving for Balance, in Search of Coherence. Antwerpen, Belgium ; Apeldoorn, The Netherlands: Maklu, 2011, 51 p.
2 sep 2019
25 okt 2019
Taal van de opleiding:Engels
Evaluatiemethoden:Assignment, Participation, Written exam
Trefwoorden:Evidence, Information, gathering, admissibility, cooperation in criminal matters, mutual legal assistance, MLA, EU, Council of Europe, police, judge, court, prosecutor, judicial.