Stibbe - The traditional and digital search for criminal evidence

Articles

Publication of doctoral thesis "The traditional and digital search for criminal evidence" in criminal law

01.12.2017 BE law

Charlotte Conings's doctoral thesis has been published by Intersentia. Her book is called "The traditional and digital search for criminal evidence" and is written in Dutch.

The traditional and digital search for criminal evidence

In her book, Charlotte investigates the Belgian criminal procedure regime for searches for criminal evidence, which is currently fragmented into very detailed subregimes. As this often causes problems and renders evidence gathering inefficient, Charlotte proposes a simplified, updated and clearer comprehensive legislative framework for searches aimed at gathering traditional and digital criminal evidence, both at the national and international level.

The book contains a comprehensive overview of the current legal regime of all kinds of searches for evidence and gives an extensive insight in relevant human rights and fundamental principles, such as the right to privacy, data protection law, professional confidentiality, human dignity and the right to remain silent.

You can purchase Charlotte's book here.

Related news

11.04.2019 NL law

The Dutch UBO register will be introduced in January 2020

Short Reads - On 4 April 2019, a legislative proposal to implement the Dutch Ultimate Beneficial Owner (''UBO'') register (''UBO register'') was submitted to the Dutch parliament. The obligation to introduce a UBO register derives from the Fourth Anti-Money Laundering Directive as amended by the Fifth Anti-Money Laundering Directive. Approximately 1.5 million Dutch legal entities must register information on their UBOs in this register.

Team: Soeradj Ramsanjhal, Sandra Rietveld, Manon Cremers, Daan Doorenbos, Rogier Raas

04.04.2019 EU law

Erik Valgaeren is panelist during the EDPS-ENISA conference on risk in personal data breaches in Brussels.

Speaking slot - Erik Valgaeren, TMT-partner in our Brussels'office, is panelist at the EDPS-ENISA (European Union Agency for Network and Information Security) conference, which is organised in Brussels on 4th April, 2019.

Erik Valgaeren Partner Brussels

11.04.2019 NL law

Double roles in attributing knowledge

Short Reads - The knowledge of a person who in fact runs a company can be attributed to the company if the sole director and shareholder is a 'straw man', the Supreme Court confirmed in a judgment of 29 March 2019. The rules by the Supreme Court are not revolutionary or even new. But circumstances essential for the attribution of knowledge are ignored. The double role played by the 'man in charge' raises questions about how to apply the rules as identified by the Supreme Court to the facts

Branda Katan Partner Amsterdam

04.04.2019 BE law

Companies and Associations Code published in Belgian Official Journal

Articles - The new Companies and Associations Code (CAC) was published today in the Belgian Official Journal

Jan Bogaert Partner Brussels

10.04.2019 NL law

Damage due to a defective driveway and the Dutch twenty year limitation period: When does limitation start in case of a continuous event that causes damage?

Short Reads - On 22 March 2019, the Dutch Supreme Court ruled (ECLI:NL:HR:2019:412) that the strict liability for buildings (opstalaansprakelijkheid) is not linked to a specific damaging act but to a damaging condition, as referred to in section 6:174 DCC. Therefore, there is no reason to regard a damaging act as an 'event that caused damage' as referred to in section 3:310 DCC concerning the limitation period for claims for damages.

Bram Berends Junior Associate Amsterdam

04.04.2019 NL law

European Court of Justice: actio pauliana is covered by jurisdiction rule of forum of contract. A judgment with foreseeable consequences?

Short Reads - Imagine that a debtor voluntarily concludes a transaction with a third party where he knows (or should know) that it hinders the creditor's possibilities of collecting the debt. In civil law countries, a creditor can invoke the nullification of that legal act by means of a so-called actio pauliana. This raises the question of which court has jurisdiction in the case of an international dispute, regarding an actio pauliana, that is instituted by a creditor against a third party?

Cas Michiels Junior Associate Amsterdam