e-Evidence RegulationEU 2023/1543
Digiphile

Recitals

Recital 52


Recital 52

Determining Where the Offence Has Been Committed Unofficial title


For the purposes of this Regulation, an offence should be considered as having been committed, being committed or being likely to be committed in the issuing State if it is so considered in accordance with the national law of the issuing State. In some cases, especially in the cybercrime field, some factual elements, such as the place of residence of the victim, are usually important indications to consider when determining where the offence has been committed. For instance, ransomware crimes can often be considered as having been committed where the victim of such a crime resides, even when the exact location from where the ransomware has been launched is uncertain. Any determination as to the place where the offence was committed should be without prejudice to the rules on jurisdiction over the relevant offences pursuant to the applicable national law.