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11 - Digital Evidence and the Cooperation of Service Providers in Germany

from Part II - Digital Evidence and the Cooperation of Service Providers in EU Criminal Investigations

Published online by Cambridge University Press:  02 January 2025

By
Dominik Brodowski
Edited by
Vanessa Franssen  and
Stanisław Tosza
Vanessa Franssen
Affiliation:
Université de Liège, Belgium
Stanisław Tosza
Affiliation:
Université du Luxembourg
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Summary

Chapter 11 explores how German criminal procedure, in the same way as German substantive criminal law, builds on a main body of legislation that was drafted in the nineteenth century. While the German Code of Criminal Procedure has been amended numerous times – also with the intention to address digital transformation and the shift to an information society – the obtaining of digital evidence (in particular from service providers), its analysis and its transformation into evidence introduced in a criminal trial remain areas with many challenges, uncertainties of legal interpretation and need of legislative reform. This chapter aims to provide an overview of core themes of digital evidence in criminal justice and the cooperation of service providers in criminal matters in Germany – in particular those that seem of most relevance to an international audience.

Keywords

Germanydigital evidenceremote accessfilteringcooperation dutiesproductiondata retention
Type
Chapter
Information
The Cambridge Handbook of Digital Evidence in Criminal Investigations , pp. 289 - 308
Publisher: Cambridge University Press
Print publication year: 2025

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