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:
- The ECBA issued a statement on video conferencing in criminal cases, which e.g. was cited by an Advocate-General in her opinion in Case C-760/22 before the Court of Justice of the European Union.
- A formal response was published to the European Commission’s proposal for a Regulation on European Production Orders and European Preservation Orders for electronic evidence.
- Recent webinars have covered topics such as blockchain and criminal law, as well as landmark decisions by the European Court of Justice (Encrochat, 30 April 2024) and the European Court of Human Rights (L. AND E.J. v. France, 24 September 2024).
- Members have participated in expert consultations and high-level conferences, including those organised by the European Commission, the EU Fundamental Rights Agency (FRA), and the Project INNOCENT final conference.
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 George Zlati (Romania).
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)
- Alexis Anagnostakis (Greece)
- Amedeo Barletta (Italy)
- Federico Cappelletti (Italy)
- Judith de Boer (Netherlands)
- Julian Hayes (United Kingdom)
- Marie Poirot (France)
- Stefanie Schott (Germany)
- Vânia Costa Ramos (Portugal)
The United Nations Special Rapporteur on the independence of judges and lawyers, Margaret Satterthwaite, invited Member States, national human rights institutions, and other relevant State institutions, international and regional organizations, civil society, scholars, activists, and other interested individuals and organizations, to provide written inputs for her next thematic report on artificial Intelligence and judicial systems. The report will be presented at the 80th session of the UN General Assembly in October 2025.
The ECBA responded to the invitation with an elaborated paper on the subject, acknowledging the growing role of technology in criminal law and criminal procedure, the current digitalisation of justice and the many other rapid developments in this domain, e.g. the rise of AI, digital evidence, the role of encryption in communication and financial flows and the use of video connections in court procedures or for remote communication. These developments must comply with the right to privacy and nondiscrimination, procedural safeguards and must have sufficient effective legal remedies. Due to the rapid development in the technical field, the ECBA also considers it important that lawyers have knowledge in this area and that our members can exchange experiences from the various Member States and learn from them. This has led to the ECBA setting up this working group that focuses on the entire digital aspect within criminal law and criminal procedure. Taking into consideration the Call for input of the Special Rapporteur on the independence of judges and lawyers for her next thematic report on artificial Intelligence and judicial systems, the ECBA submitted the input/comments you can read here.
The ECBA has conducted a survey among criminal defense lawyers across various EU member states, identifying critical issues in the use of video-conferencing for criminal and European Arrest Warrant proceedings.
Key findings include:
🔹 Lack of technology – Outdated equipment and poor internet connections disrupt hearings.
🔹 Loss of non-verbal communication – Affects witness credibility assessments and cross-examinations.
🔹 Inconsistent legal frameworks – Unclear regulations create legal uncertainty in cross-border cases.
🔹 Trial in absentia concerns – Some jurisdictions allow trials without the accused, yet restrict remote participation.
These findings highlight the urgent need for better infrastructure and harmonized regulations to protect fundamental rights in digital justice.
Read the full summary.
The rapid digitalisation of justice brings both opportunities and challenges for criminal proceedings across Europe.
The ECBA has published its Position Paper on the Digitalisation of Justice in response to the EC Consultation on Digitalisation of Justice, addressing key issues such as:
🔹 Balancing efficiency and fairness – Digital tools must enhance justice, not compromise due process.
🔹 The role of AI in criminal proceedings – AI can assist but should never replace human judicial decisions.
🔹 Transparency & accountability – Clear ethical and legal frameworks are needed to prevent bias and ensure human rights are safeguarded.
🔹 Video-conferencing & digital evidence – Legal practitioners must have access to reliable, secure, and fair digital tools.
The digitalisation of justice must empower legal professionals while preserving fundamental rights.
Read the full paper.
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.
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