Challenges and best practices from Eurojust’s casework in the area of cybercrime

19 November 2020|PUBLICATION
Challenges and best practices from Eurojust’s casework in the area of cybercrime

There are several factors that make tackling cybercrime unique and challenging. Cybercrime by its nature is borderless and swiftly evolving, sometimes faster than national authorities can react. Adding an additional layer of complexity is the horizontal nature of cybercrime: almost any type of crime can nowadays occur over the internet. Electronic evidence of such crimes may be difficult to collect, owing to the volatility of data, and may require specific expertise. Judicial cooperation is essential to ensure timely preservation of electronic evidence, which ensures its admissibility in judicial proceedings. International judicial cooperation may be hampered by significant differences in domestic legal frameworks (e.g. regarding criminalisation of conduct or data retention legislation) and conflicts of jurisdiction. The whole phenomenon of cybercriminality is reshaping the traditional legal concept of the territoriality principle as a result of the supranational nature of the evidence required to ensure the successful prosecution of cybercriminals.

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ISBN
978-92-9490-503-1
DOI
10.2812/691335
Catalog number
QP-02-20-836-EN-N