THE GEOGRAPHY OF IMPUNITY – THE CHALLENGES OF CROSS-BORDER CRIMINAL PROCEEDINGS IN INVESTMENT FRAUD CASES

Abstract

For those who commit crimes in cyberspace, cross-border activity is not problematic; rather, it serves as an effective method for maintaining anonymity and evading criminal liability. For law enforcement agencies, the cross-border nature of cybercrime poses a significant regulatory, operational and technical challenge. The gathering of electronic evidence, the execution of investigative inquiries and the undertaking of procedural actions, including but not limited to interrogations, searches, and arrests, necessitate collaboration with law enforcement agencies, judicial authorities and service providers across multiple jurisdictions. This collaboration is facilitated by the application of a range of international cooperation instruments. The analysis of the cross-border challenges confronting law enforcement agencies was predicated on the modus operandi of the perpetrators behind fraudulent investment platforms, the algorithm necessary for law enforcement agencies to initiate action, and an examination of the fundamental regulations governing cooperation in criminal proceedings involving activities in cyberspace. The activities of groups setting up fraudulent investment platforms and encouraging people to invest are on the rise, both in Poland and globally. This also highlights regulatory loopholes and reveals the geography of impunity – that is, areas where criminal networks are based, and where instruments of international cooperation in criminal matters have limited effectiveness.