This module will be divided into 5 different topics.
In topic 1, the students will be introduced to the several ‘legal families’ that exist throughout the world. As such, the main focus will be on the differentiation made between continental and common law approaches, and what these differences mean in terms of practical implications in criminal law, criminal procedure and criminal investigations. The goal of this first part is to ensure the students have gained basic knowledge and a worldwide view of how legal frameworks differ and are alike.
In the second topic the emphasis will be on the exchange of forensic intelligence, a critical element of cross-border cooperation. Subject of the exchange can be fingerprints, DNA profiles, police information, etcetera. Both international and European legislation (e.g. Prüm) will be discussed and further studied in those areas of importance for the practical skills of the students.
The third topic will focus on the role of the expert-witness in the court procedures, which also varies greatly depending on the legal framework. Their roles will be compared across different European countries, focusing on aspects such as criteria to be considered and expert-witness, their relation towards police, testimony in the court etcetera.
In a fourth topic, a more topical approach will be taken. It will introduce key legislation that underpins the investigative process including policing procedures, crime scene management and information procurement and discuss the legal processes involved in cross-border cases.
Finally, in the fifth and last topic, we will consider the establishment of a European or transnational legal framework for European criminal investigations in a world in motion. With the current European framework, criminal investigations fall under the jurisdiction of the national entities. Here we will look at the recent developments that have occurred on a broader scale to facilitate European and cross-border investigations, especially in relation to the forensic aspect hereof.
Please click here for the module descriptor of module 3.