Access to evidence Criminal investigations
When an individual or a group of individuals suffer a damaging event in a country other than their country of domicile, it often happens that the access to evidence becomes one of the major challenges of the victim and/or his legal counsel.
Typically, the victim and/or his legal counsel will not have the resources to collect such evidences and other legal information in the State where the event occurred.
Legal Abroad is available to help victims and legal counsels to overcome such challenges.
In many occasions, and depending on the type of event and other circumstances, local authorities can open a criminal investigation. In other cases, only a Police Report will be performed.
Each country has its own rules and procedures are often radically different from one State to the next. In some cases, there is a designated Investigating Judge that will initiate the investigations sua sponte. In other cases, District Attorneys may open investigations, which can be more difficult for victims to access. Finally, in other jurisdictions, and depending upon the gravity of facts and/or damages, a criminal investigation may not be opened unless and instead a formal complaint is lodged on behalf of the victim or the victim’s estate.
Depending on the type of event, it might happen that parallel investigations are performed. This is the case, i.e., of collective transportation accidents (Aviation, Railway and Maritime events) where, in addition to possible criminal investigations, technical/administrative investigations can be also conducted by governmental bodies. Although the purposes of inquests may differ, the facts and evidence collected in both proceedings can be critical for securing the rights of those bereaved.
A perfect understanding of such local proceedings is necessary in order to secure the rights of the victims and to have access to all the relevant information.
In LegalAbroad, we can gain access to these investigations and recover the necessary evidence that might be essential for a further litigation in the country of domicile of the victim.