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from Part II - Digital Evidence and the Cooperation of Service Providers in EU Criminal Investigations
Published online by Cambridge University Press: 02 January 2025
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.
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