Notas sobre novos desafios da cooperação judiciária internacional em matéria penal
This article sets out some challenges of international cooperation in criminal matters from a perspective of the gathering and use and assessment of evidence. Challenges arising from the actions of new institutional actors, in particular the European Public Prosecutor' s Office and the Court of...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2019
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7109706 |
| Source: | Revista de estudios europeos, ISSN 2530-9854, Nº. 1, 2019 (Ejemplar dedicado a: Cooperación judicial transfronteriza y garantías procesales), pags. 184-205 |
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| Summary: |
This article sets out some challenges of international cooperation in criminal matters from a perspective of the gathering and use and assessment of evidence. Challenges arising from the actions of new institutional actors, in particular the European Public Prosecutor' s Office and the Court of Justice of the European Union, as well as the intervention of private actors are identified. Challenges in the use and assessment of cross-border evidence are also addressed. The article draws attention to the need for legislative intervention, particularly within Portugal, in the context of the articulation of the new instruments of European Union law with national law, and ends by referring to possible future paradigms in obtaining cross-border evidence, calling upon intervention in this area to be carefully considered and to address the shortcomings present both from the point of view of the defense and of
the effectiveness of cross-border investigations. |
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