Legal Context (3) Flashcards
What is the presumption of innocence and the burden of proof?
The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty.
Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact (a judge or a jury).
What is a coercive investigation method?
An investigation method is coercive when it lawfully can be applied against an individual without her consent or cooperation, despite that her right to personal liberty, property, or private life is interfered with.
Explain how does cross-jurisdiction affect
the work of the police when it comes to the investigation of crimes with data stored in the Cloud?
Cloud computing means that data and thus also electronic evidence is less
held on a specific device or in closed networks but is distributed over different
services, providers, locations and often jurisdictions. While in traditional computer forensics procedures, due to the centralized nature of the information technology system, investigators can have full control over the forensic artefacts (router, process logs, hard disks), in the cloud ecosystem, due to the distributed nature of the information technology systems, control over the functional layers varies among cloud actors, depending on the service model. Therefore, investigators have reduced visibility of and control over the forensic artefacts. A state cannot exercise its jurisdiction outside its territory, unless an international treaty or other laws permit to do so.
What is the Cybercrime Convention?
The Cybercrime Convention is an agreement between states. The parties to the convention must criminalize certain cybercrimes in their national substantive criminal law. Individuals are not parties and cannot be punished for committing the crimes included in the convention, only because the nation state has entered into the convention. For the individual to be criminally liable, the provisions of the convention must first be implemented as criminal offenses in the substantive criminal law of the national legal system where that individual resides.
Why does the Cybercrime Convention require reforms?
HeIlT tOmT
What is the benefit of Member States participating in organizations like Interpol or Europol and
how does this affect police work?
Interpol: Only facilitates co-operation among international LE. Has no investigative or enforcement power. All LE members are seconded.
Europol: Facilitates European (and international) cooperation, like EC3 which is a well known European cybercrime center. A lot of agreements and different systems that are developed within the framework of Europol. So thats why the investigation of the crime or digital crime across Europe is relatively efficient. Because we have mutual agreement. For example the system they have is called EMAS - Europol Malware Analysis System. This is used across the countries. Police forces has access to the systems. A police officer from e.g Germany can submit information or files to analyze by the system. The system can have some traces that is also available in e.g France. Not just bilateral cooperation agreements, but also some systems that are used within the framework.
