Cross-Border Criminal Evidence and the Future European Public Prosecutor. One Step Back on Mutual Recognition?

Allegrezza, Silvia; Mosna, Anna

doi:10.1007/978-3-319-93916-2_8

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Need Of Evidence On (In-)admissibility Of Evidence1

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2019

2023

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Cited by 2 publications

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“…What is more, such case law may provide for further insights into the real scope of the problem of admissibility of evidence. We will then see whether the worry expressed by Allegrezza and Mosna become true that 'the non-admission of cross-border evidence' will be a 'highly probable result', 47 a viewpoint also shared by S ¸andru and others. 48 My interpretation is a bit different: a more farreaching harmonization of criminal procedure in relation to the admission of evidence wasand still…”

Section: Need Of Evidence On (In-)admissibility Of Evidencementioning

confidence: 99%

Admissibility of Evidence in EPPO Proceedings

Brodowski

2023

New Journal of European Criminal Law

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The issue of cross-border admissibility of evidence is a recurring theme of European Criminal Justice, and continues to be perceived as a decisive obstacle hindering the effective prosecution and adjudication of crime. In spite of this, the EPPO Regulation does not include an extensive framework guaranteeing the cross-border admissibility of evidence. In this article, it is argued that this lacuna is far less worrisome than it seems: the boundaries set out by EU primary law, in particular Article 325(4) TFEU and the Charter of Fundamental Rights (CFR), as well as the opportunity of the ECJ to judge on these boundaries, allow for a sufficient convergence of national laws and practices on the (in-)admissibility of evidence.

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Section: Need Of Evidence On (In-)admissibility Of Evidencementioning

confidence: 99%