Chapter 10 looks at Estonia, which has one of the world’s most advanced digital societies. Correspondingly, its legal frameworks are adjusted to support the high level of digitalisation, including its criminal laws. However, the ongoing reform aims at making rules technology-neutral rather than establishing specialised regimes. Therefore, on the one hand, general rules of evidence apply to evidence in digital form, and the criminal procedure relies to a great extent on general and broad powers to meet the challenges of modern investigations. On the other hand, the cooperation duties of national service providers are highly specific and governed by the Electronic Communications Act. The chapter first provides an overview of Estonian criminal proceedings and digital evidence, before elaborating on the details of cooperation between law enforcement authorities and service providers, both domestic and foreign. Additionally, it considers aspects of protection of fundamental rights in this context.

Chapter 13 focuses on Luxembourg, which sits near the top of several regional and international indexes for ICT development, digital economy and society, and technological readiness, and hosts an impressive and growing number of data centres along with the regional or global headquarters of major internet and e-commerce players. The country’s small size, highly connected nature and financial strength translate into the active cooperation of service providers in criminal investigations in both domestic and cross-border situations. Drawing on interview-based research, this chapter provides an international audience with a targeted overview of the Luxembourg legal framework, the ways in which it has adapted to developments at the international and EU levels (Budapest Convention, European Investigation Order, Law Enforcement Directive) and the practical as well as legal challenges relating to the various forms of cooperation between service providers and law enforcement authorities. It offers a comprehensive, up-to-date picture of national data retention rules and discusses the potential impact of the new European Production Order on service providers in Luxembourg.

Chapter 15 looks at the new set of investigative measures introduced by the reform of the Criminal Procedure Code in Spain, in 2015, which changed completely the approach to the investigation of cybercrime, transformed now into one of the most modern in Europe. The new regulation introduced the latest high-tech investigative tools, imposing a complete set of duties of cooperation on all internet service providers. However, the Spanish legislator failed to amend the domestic legal framework on electronic communications data retention, and so it is not compatible with the jurisprudence of the Court of Justice of the EU. This chapter describes the rules as developed and applied by the Spanish courts, before and after the amendments of the Criminal Procedure Code 2015, and several subsequent laws on digital data that, since then, have been adopted in reaction to the EU’s legal framework in the field.

Chapter 14 discusses the Polish law on the basis of which electronic evidence is collected. These provisions are not always consistent with each other and do not contain a definition of electronic evidence. The chapter presents the problem of adapting the regulations of the Polish Telecommunications Act to the jurisprudence of the Court of Justice of the European Union in the field of legal requirements for collecting electronic evidence, and assesses the mechanism for controlling the acquisition of telecommunications data by the police. It looks at difficulties in providing electronic evidence to law enforcement authorities (LEAs) by very small service providers that do not possess appropriate organisational and financial resources, and the problem of limited remedies being available for persons whose data was collected by an LEA in violation of the law. It expresses doubt as to the manner of implementing the European Investigation Order in the Code of Criminal Procedure in Poland in terms of guaranteeing the defendant’s right to defence.

Chapter 19 provides an overview of Turkish law on the collection of digital evidence stored in and outside Turkey. It explains that while cybercrime offence definitions under Turkish law are generally in line with the Cybercrime Convention, Turkey has largely not transposed the criminal procedure and international cooperation sections of the Convention into its domestic law. It delves into the legal framework for collection of digital evidence in Turkey, including investigative measures, mandatory or voluntary cooperation of internet service providers, and administrative search and seizure methods. It analyses the judicial cooperation between Turkish LEAs and their foreign counterparts, and notes the challenges Turkish authorities face in obtaining e-evidence stored in foreign jurisdictions through mutual legal assistance requests. Noting efforts to overcome such challenges, in part through expanding the powers of the Information and Communication Technologies Authority, the chapter calls for a reform of Turkish criminal procedure and international cooperation law with the relevance of Turkey’s human rights obligations and e-evidence in mind.

Robots have not only become part of our everyday life – they have assumed functions in our criminal justice systems. The following chapters from Sara Beale and Hayley Lawrence, Andrea Roth, Erin Murphy, Emily Silverman, Jörg Arnold, and Sabine Gless focus on evidentiary issues arising from human–robot interaction, while Bart Custers and Lonneke Stevens, as well as David Gray, look at the emerging impact of data protection on criminal justice. This introduction places the chapters in context of the broader issues surrounding the deployment of AI systems in criminal investigations and trials, not all of which are dealt with in the chapters.

The chapter presents an overview of the procedural arrangements adopted at the international criminal jurisdictions, namely the UN ad hoc tribunals for the former Yugoslavia and Rwanda and the International Criminal Court (ICC), covering the main milestones from the initiation of the investigation to trial phase to appeals against the judgment and sentence and review. Before delving into the trajectories of an criminal case before international criminal courts and tribunals, the chapter highlights the origins of international criminal procedure in the common law (Anglo-American, or ‘adversarial’) and civil law (Continental, or ‘inquisitorial’) approaches, resulting in its legal nature as a hybrid scheme where the balance between the domestic influences varies by tribunal and over time due to reforms pursued by judge-legislators (ICTY and ICTR) or by states and, to a lesser extent, judges (ICC). The chapter reviews the role and functions of the main actors in international criminal proceedings, including repeat or professional players (judges, prosecutors, and defence) and other participants such as victims and witnesses and states and international organisations. It also highlights the normative importance of human rights to international criminal process and the imperative of complying with the principles of public, fair and expeditious proceedings.

In this Chapter, I use American mass incarceration and the War on Drugs to draw conclusions about the increasing use of the criminal justice system to combat the abuse of non-human animals. I conclude that expanding criminal sanctions will result not just in increased incarceration, but in net-widening and deprivation of civil liberties. Furthermore, such negative effects are likely to be unequally distributed, falling most heavily on communities of color.

A quarter-century has elapsed since the introduction of the Jury Law (Ley del Jurado) in Spain in 1995. This chapter describes trial by jury and its functioning over this period and also considers its chances for survival in the future. The chapter begins with the main features of the Spanish jury and includes changes to the Spanish judicial system after the introduction of jurors. This chapter also provides an overview of the current state of jury trials in Spain, including new statistics and judicial practices. Controversial and high-profile jury trials illustrate some of the strengths and weaknesses of the jury’s performance in Spain over the past 25 years.

The chapter provides an overview of the complex and vast legal framework that the EU has adopted in recent decades to protect victims of crime in the Area of Freedom, Security and Justice, especially from the point of view of procedural rights. Particular attention is paid to both relevant CJEU case law and the stance taken by national legal systems at the time of implementing EU minimum standards. The chapter also examines the impact of the Charter of Fundamental Rights of the EU on the standard and scope of the rights of victims. The final part of the chapter looks to the future, evoking some developments that will hopefully be introduced in the next few years to compensate for the lack of effectiveness that, in many cases, still characterises the rights of victims within the AFSJ.

Lay participation is part of Germany’s legal system. Lay assessors, who are ordinary citizens, serve alongside professional judges on mixed tribunals. This chapter focuses on criminal courts that use lay assessors. We find that lay assessors indeed contribute to the work of the German criminal courts. Lay assessors are most active during deliberations, especially if the presiding professional judge accepts them as partners with equal rights. Most laypersons report a positive experience, and indeed, most professional judges sitting on mixed tribunals support lay participation. German court culture encourages lay assessors and professional judges to reach a consensual decision rather than taking a formal vote. The chapter suggests several reforms that would enable lay assessors to play a more active role on mixed tribunals.

The application of mutual recognition to judicial cooperation in criminal matters within the EU has created significant challenges for the right to liberty. While the European arrest warrant was initially the prinicipal subject in the debate, discussions on the impact of EU criminal law on the right to liberty have now significantly broadened in scope. The present chapter reflects this development and addresses the role of the right to liberty in three scenarios: EU measures triggering cases of continued detention through mutual recognition; EU measures safeguarding the right to liberty; and EU measures facilitating alternatives to detention. The chapter argues that, while progress has undoubtedly been made, much still needs to be done to adequately protect the liberty of persons in criminal proceedings and judicial cooperation procedures.

This chapter provides a general picture of the criminal justice system in Hong Kong. It highlights the roles and powers of key criminal justice agencies including the Hong Kong Police Force (HKPF), the Independent Commission Against Corruption (ICAC) and the prosecution. It includes discussion of police powers and prosecutorial decision-making. This chapter also goes through the criminal procedure, drawing attention to key decision points such as bail, court venue, the plea and the standard of proof. It concludes by looking at the various sentencing options at the court’s disposal.

American Indians, Crime, and the Law: looks at criminal justice in Indian country not from the perspective of Indian law and policy but through the lens of criminal law and policy. It recognizes that criminal jurisdiction in Indian country places a disproportionate weight on federal prosecution of on-reservation crime because the state lacks the authority to enforce laws, and tribes have limited criminal powers over non-Indians. Washburn questions whether prosecutorial discretion can be appropriately exercised when outsiders prosecute local crimes in Indian country and when juries often fail to include tribal members.

The introduction opens with the plaintive cry of a medieval English outlaw bemoaning the uncertainty of the common law. It then situates the book within the broader history of the concept of mens rea and describes the methodology to follow, with a particular emphasis on the juxtaposition of legal and literary texts. A summary of sources is followed by a brief introduction to the Anglo-Saxon and Angevin antecedents to jury trial for felony and a description of the shift from ordeal to jury trial. After a brief chapter summary, the introduction provides a primer in medieval English felony procedure geared toward readers not already familiar with medieval English criminal law. Using an invented homicide narrative, the introduction outlines the various paths a person accused of felony might choose in the aftermath of an alleged crime, as well as the different avenues open to those inclined to prosecute. While some of this introductory material will be too rudimentary for experienced historians of the common law, this basic foundation makes the book accessible to a broader audience.