Practical Challenges in Cross-border Cybercrimes: Prosecutors and Investigators Perspectives

Abstract

The investigator and prosecutor encounter enormous difficulties and challenges in dealing with the cross-border cyber related crimes. This article intends to show practical difficulties prosecutors and investigators often face when they deal with the cross-border cybercrimes. For example, foreign States often refused to share the information and evidences if the alleged conduct is not amounted to crime under their law. Further, the investigators follow the Mutual Legal Assistance Treaties (MLAT) mechanisms to request assistance and other evidences from a foreign country, which often proved to be time-consuming. Alarmingly, it became very challenging for investigators and prosecutors to identify and locate the actual perpetrator since perpetrators now use modern technologies and methods to hide their identity and location. Thus, this article aims to explore some of the common challenges prosecutors and investigators meets in their day-to-day work.