Comment on

Darkcoffee@sh.itjust.works ⁨8⁩ ⁨hours⁩ ago

• jeansburger@piefed.world ⁨8⁩ ⁨hours⁩ ago

  Doesn’t mean they can’t use it for parallel construction

  source

  • FartsWithAnAccent@fedia.io ⁨5⁩ ⁨hours⁩ ago

    Does Dutch/EU law have that?

    source

    • jeansburger@piefed.world ⁨6⁩ ⁨minutes⁩ ago

      https://en.wikipedia.org/wiki/Parallel_construction

      It’s not a law but a practice that cops do in order to use dubiously acquired evidence to build a case against someone.

      source
    • rollin@piefed.social ⁨3⁩ ⁨hours⁩ ago

      It basically means dodging legal restrictions on investigation by using illegal (or at least inadmissible) means to obtain evidence, and once the police have it, they look for legal ways to get that same information.

      So everywhere “has it”, the question is whether they use it. I don’t know if there’s reason to believe that EU police forces use such methods more or less than their US counterparts.

      source
• sudoku@programming.dev ⁨8⁩ ⁨hours⁩ ago

  this isn’t in US

  source

  • Natanael@slrpnk.net ⁨7⁩ ⁨hours⁩ ago

    repository.tilburguniversity.edu/…/download

    EU has similar laws and Dutch law allows for striking illegally collected evidence if the infringement was severe

    source

    • sunbeam60@feddit.uk ⁨4⁩ ⁨hours⁩ ago

      The EU doesn’t have laws. It has directives and regulation. These are converted into law by member states.

      The EU doesn’t have any regulation or directives about the inadmissibility of evidence; that is a national concern. The only area the EU has directives for regarding evidence is the cross-border admissibility of evidence from one country being accepted in another.

      This is technically correct, the best kind of correct.

      source

      • Strawberry@sh.itjust.works ⁨3⁩ ⁨hours⁩ ago

        EU Regulations are directly applicable to all member states, so its not needed to transpose those into domestic law for them to be used. Some countries’ constitutional setup mess with this(like the uk eh pre-brexit I guess), but in general regulations are as important if not more than domestic law.

        Directives can be directly used in domestic courts but only under certain conditions. The defendant/respondant needs to be a public body and the transposition deadline must have passed. Its basicly ‘you failed to implement it in time — tough’. Also if they’re not implemented correctly. But in general yes, they’re only instructions for the members to pass domestic legislation.

        I think even on a technicality both are law. Sorry if this was a bit padantic.

        oh and yes I’m not aware of any EU legislation on admissibility of evidence. But, not really my area :/ I think there have been proposals for cross-border stuff but can’t remember what became of that. If you know any in force i’d be interested in reading that? thanks

        source
    • ChicoSuave@lemmy.world ⁨3⁩ ⁨hours⁩ ago

      Conspiracy brain says this was deliberately done to make any evidence inadmissible and key evidence gathered without a warrant would result in an acquittal with an unlikely second trial for fear of double jeopardy.

      source
  • obinice@lemmy.world ⁨6⁩ ⁨hours⁩ ago

    Laws exist outside of that country.

    source
  • x00z@lemmy.world ⁨7⁩ ⁨hours⁩ ago

    The same goes for NL.

    source