Dual criminality
Definition
The requirement in most MLAT regimes that the conduct under investigation constitutes a crime in both the requesting and the requested state. Evidence requests for conduct that is lawful in the requested state are typically refused. Some modern cybercrime treaties narrow this requirement for procedural assistance even where substantive dual criminality does not exist.
Related terms
- Chain of custody
- The documented chronological record of who collected, handled, transferred, and examined a piece of evidence. For digital evidence, chain of custody includes...
- CLOUD Act
- The Clarifying Lawful Overseas Use of Data Act (US, 2018). Clarifies that US service providers must comply with valid US legal process...
- European Production Order (EPO)
- A court order issued by a judicial authority in one EU member state, under Regulation (EU) 2023/1543, compelling a service provider in...
- Mutual Legal Assistance Treaty (MLAT)
- A bilateral or multilateral treaty under which signatory states agree to assist each other in gathering evidence for criminal investigations. MLATs define...
- Preservation order
- A legal instrument directing a service provider to retain specific data for a defined period pending receipt of a production order or...
Explained in
- Legal and Jurisdictional Frameworks for Mobile and Network EvidenceThe requirement in most MLAT regimes that the conduct under investigation constitutes a crime in both the requesting and the requested state. Evidence requests...