| 英文摘要 |
Criminal prosecution is faced with completely new challenges in the age of globalisation and digitisation. To overcome national borders, new solutions must be found that are nonetheless compatible with the rule of law. The European Union has based its judicial cooperation in criminal law on the principle of ‘mutual recognition’. It has already adopted numerous important legal acts implementing this principle. The article focuses in particular on the European Arrest Warrant, the European Investigation Order and, in the area of ‘e-evidence’, the planned European Production and Preservation Order. The author not only describes the essential contents and advantages of these innovations, but also points out the problems arising from them. As a result, he believes that the principle of mutual recognition has an undeniable potential for improving judicial cooperation in criminal matters also for non-EU Member States seeking to support each other by providing legal assistance. Nevertheless, mutual recognition must be limited - in particular by inserting an ordre public-proviso for cases of serious fundamental rights violations. |
