The project aims to bolster the practical application of the EU directives on procedural rights for suspects and accused persons involved in criminal proceedings in cases where the penal law is confronted with the use of new technologies.
Digital Rights focuses on two main aspects of the procedural rights of suspects and accused individuals in criminal proceedings:
- Accusations for crimes covered by the Budapest Conv.;
- Accusation for other crimes where e-evidence and investigations based on digital forensics are at the centre of the prosecuting and trial actions.
More specifically, it aims to:
- Study how key EU directives on procedural rights have been transposed into national legislation across MSs involved in the project and identify gaps and inconsistencies in the implementation of these directives when crimes covered by the Budapest Convention are at the core of the trial or e-evidences have been presented, or digital forensics techs have been employed during the investigations.
- Assess the risks related to the practical applications of the directives in each country involved in relation to provisions of the Stockholm’s Roadmap and identify mitigation measures for each country in relation to the risks identified.
- Develop soft guidelines with an EU view concerning the rights defined by Directives (EU) 2016/1919, 2013/48/EU and 2012/13/EU in relation to: 1.Rights of the accused persons in transnational digital perquisitions with the use of procedures provided by Dir.2014/41/EU; 2.Deployment of investigative tools like trojan-horses and GPS tracking; 3.Accusations based on access to multitenant repository, such as clouds or virtual servers, or database containing massive data, in relation to the principles of proportionality and the jurisprudence on data retention as set by the EU Court.
- Provide knowledge building activities to practitioners and policymakers, respectively on Risk Assessment & Mitigation Plans for practitioners, and Soft Guidelines for policymakers.
PROJECT
