Cybercrime, Tech and AI: Criminal Defence in a Digital World

Technology increasingly shapes criminal law and procedures, bringing about substantial changes. Examples include the collection of digital evidence, encryption’s impact on communication and financial transactions, virtual attendance in court hearings, and the emergence of new modi operandi in cyberspace.

Acknowledging the rapid pace of technological advancement, the ECBA emphasizes the critical need to ensure legal professionals possess comprehensive expertise to keep pace with these developments. Furthermore, fostering the exchange of expertise and insights among members beyond national borders is key.

To address these challenges, the ECBA has established a dedicated working group focusing on the digital aspects of criminal law and justice, encompassing areas such as e-evidence, the digitalisation of criminal proceedings, artificial intelligence, cybercrime, blockchain technology, and beyond.

Initiatives

The ECBA actively monitors developments in these fields, raising critical questions about privacy, procedural safeguards, and the protection of rights. For example:

Aims and Objectives

The working group pursues the following goals:

  • Addressing the implications of technologies (such as encryption), e-evidence, video conferencing, digitalisation of criminal proceedings and the creation of new categories of criminal offenses and responsibility.

  • Upholding procedural safeguards at national and international levels.

  • Engaging in activities such as the issuing of statements, campaigns, case interventions, and advocacy to protect procedural safeguards in light of technological advancements.

  • Enhancing the expertise and skills of ECBA members in this dynamic field.

Leadership and Membership

The working group is co-chaired by Gwen Jansen-de Wolf (Netherlands) and Alexis Anagnostakis (Greece).
If you are interested in joining the working group or wish to discuss its work, please contact This email address is being protected from spambots. You need JavaScript enabled to view it..

Members

  • Adrian Sandru (Romania)
  • Amedeo Barletta (Italy)
  • Federico Cappelletti (Italy)
  • George Zlati (Romania)
  • Judith de Boer (Netherlands)
  • Julian Hayes (United Kingdom)
  • Marie Poirot (France)
  • Stefanie Schott (Germany)
  • Vânia Costa Ramos (Portugal)

 

The European Criminal Bar Association has submitted its response to the EU Commission's consultation on the AI Act (Regulation (EU) 2024/1689), focusing on several aspects affecting criminal law and procedure.

Key points addressed:

  • Definition of AI systems in criminal justice
  • Impact of AI on investigative tools and law enforcement
  • Considerations for biometric identification using AI
  • Intersection of AI with existing cybercrime legislation

Our response emphasises the importance of clear guidelines that protect fundamental rights while accommodating technological advancement in criminal proceedings.