Transnational Issues In Investigation
- IJLLR Journal
- Feb 24
- 1 min read
Rahee Chaudhari, Symbiosis Law School, Pune
ABSTRACT
New forms of criminals and new forms of crime are being introduced to the investigating agencies all over the world. As a continuously changing phenomenon, agencies under investigation must constantly upgrade their machinery, infrastructure, data communication and data sharing in an effort to catch the criminals. Economic offences using Cryptonetworks and aided by Artificial intelligence, the criminals are masquerading wicked execution of offences. This paper is a critical reexamination of the normative and institutional frameworks to regulate cross-border investigation as well as legal frameworks, challenges and an endeavor to seek solutions.
The entire transnational investigation also encompasses the cross border crimes enquiry and investigation besides encompassing extradition arrangements, mutual legal assistance treaties and cooperation among countries. It also questions the main legal and practical dilemmas, including simultaneous and overlapping jurisdiction claims, procedures and formalism in inter-state cooperation, the admissibility of evidence, the conflicts between investigational requirements and data protection rules, and the consequences of the State sovereignty and protections to due process in technology-intensive investigations.
The paper puts forward a more lean and time limited version of MLAT processes, more transparent regulations regarding the extraterritorial collection of evidence, the further harmonization of the standards of digital evidence and privacy and a closer integration of activities of law enforcement agencies, the courts and the service providers.
