ERA: THE LIFE CYCLE OF E-EVIDENCE - ACQUISITION OF E-EVIDENCE AND JURISDICTIONAL ISSUES

Date

18 Sep 2018 to 19 Sep 2018

Address

  Tallinn
Estonia

Section

Education

Event Description

Application Deadline

30 June 2018

Objective 

Where online and internet-related crimes are committed as a result of transnational data flows, numerous jurisdictional scenarios can arise. Lex loci delicti commissi requires that, in order to apply the territoriality principle, it is necessary to establish the place where the crime has been committed. Where the locus delicti is uncertain (which is very frequent when cybercrimes occur), there is a major risk that more than one country can assert jurisdiction. Moreover, even if the place where the crime has been committed is precisely determined, this often does not coincide with the place where perpetrators are physically located.

This seminar will look at the jurisdictional conflicts and at the implications for the investigation and prosecution of criminal activities. Consideration is given to the new forensic challenges posed by remote investigations and the powers of law enforcement agencies to acquire evidence residing beyond national borders.

Key topics

  • The principle of lex loci delicti commissi in the digital age
  • Procedural issues and jurisdictional conflicts
  • Remote investigations
  • Handling e-evidence

Speakers

Laviero Buono, Head of Section for European Criminal Law, ERA, Trier

Martijn Egberts, Public Prosecutor, National Public Prosecutor’s Office, Member of the European Judicial Cybercrime Network (EJCN), Amsterdam

Catherine Garcia van Hoogstraten, Tenured Associate Professor and Consultant in Tech Law, Legal Innovations, Internet Governance & Cybersecurity, Centre for Cybersecurity, The Hague University of Applied Sciences 

Esther George, Lead Cybercrime Consultant, Global Prosecutors E-Crime Network (GPEN), International Association of Prosecutors, The Hague

Alisdair Gillespie, Professor, Criminal Law and Justice, Lancaster University, Lancaster

Jean-Baptiste Maillart, Doctoral Researcher, University of Geneva; Research Fellow, Max Planck Institute for International and Foreign Criminal Law, Freiburg

Stephen Mason, Barrister and Associate Research Fellow, Institute of Advanced Legal Studies, London

Lavly Perling, Prosecutor General of the Republic of Estonia, Tallinn

Tristan Ploom, State Prosecutor, Tallinn

Jaanus Tehver, Partner, Tehver & Partners, Vice-Chair of the Estonian Bar Association, Tallinn

Marek Vahing, State Prosecutor, Tallinn

 

Participation Conditions

Participation is only open to judges, prosecutors and lawyers in private practice from eligible EU Member States.

The number of places available is limited (30 places). Participation will be subject to a selection procedure. Selection will be first come first served and according to nationality.

Registration fee: 200 EUR

Travel costs up to €300 (including taxi costs) and two nights' hotel accommodation up to €110 per night will be reimbursed by ERA upon receipt of the original receipts, tickets, boarding passes, invoices after the seminar.

Participants are asked to book their own travel and accommodation.These rules do not apply to representatives of EU Institutions and Agencies who are supposed to cover their own travel and accommodation.

Please note that due to the large number of applications for this series on e-evidence, participants can attend only 1 event out of the 6 contemplated in the series: Zagreb, Madrid, Athens (2017) and Trier, Prague (2018). Priority will be given to those participants who did not attend an ERA event on e-evidence / online investigations / investigating web 2.0 in 2017/2018.

 

>> Online application

 

Language: English

Organiser: ERA (Laviero Buono) in cooperation with the Estonian Prosecutor’s Office

Event number: 318DT07

 

 

With the support of the Justice Programme 2014-2020 of the European Union.