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THE EUROPEAN INVESTIGATION ORDER AS A MECHANISM FOR INTERNATIONAL COOPERATION IN CRIMINAL CASES TO COMBAT CYBERCRIME

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OLBER P.
Przegląd Policyjny
|
2020
|
vol. 137(1)
174-187
EN
The fi ght against cybercrime requires effective and rapid solutions for the collection of digital evidence at the international level. An example of such an instrument is the European Investigation Order, which introduces a comprehensive system for obtaining evidence in cross-border cases. The legislation on this solution is contained in directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 on the European Investigation Order in criminal matters. The above regulations have been implemented into the Polish national law by the Act of 10 January 2018 amending the Act — The Code of Criminal Procedure and certain other acts. The European Investigation Order was presumably fi rst used by Polish law enforcement authorities in a case involving cybercrimes committed by a person using the aliases Thomas and Armaged0n. The use of this investigation measure made it possible to apprehend the offender many years after the fi rst offence was committed and the offender was identifi ed49. Despite this success, further changes to the European Investigation Order in national legislation are needed to improve the effectiveness of the fi ght against cybercrime. It should be proposed to modify the Prosecution Services’ Rules of Procedure as regards the authorities competent to issue European Investigation Orders. Currently, the authorities executing the European Investigation Order in Poland at the stage of preparatory proceedings are district prosecutor’s offi ces, whereas such powers should be vested in every prosecutor conducting preparatory proceedings.
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