Cross-Border Investigations in the Digital Age: The Defence Must Act Globally! Our impressions of the Octopus Conference 2025
- Joint Defense Team
- Jun 6
- 5 min read
Updated: Jun 8
The world is becoming increasingly digital, and so is crime. Cross-border investigations are no longer a rarity but have become a daily occurrence for law enforcement agencies. Whether it's cyber fraud, ransomware attacks, money laundering using cryptocurrencies, or complex network intrusions – perpetrators operate globally, and authorities are following suit. But what does this development mean for the accused and their rights? And how can criminal defence lawyers ensure effective representation in this increasingly complex environment? The Joint Defense Team, your global partner for criminal defence, has recognised these challenges and actively participated in the Octopus Conference 2025 to analyse the latest developments and the resulting necessities for the defence.
The Octopus Conference 2025: A Wake-Up Call for the Defence
The Octopus Conference, organised by the Council of Europe, is a highlight in the field of cybercrime. It brings together experts from all over the world to discuss the latest trends in cybercrime and identify ways to combat them. The 2025 conference placed a particular emphasis on the implementation of the Second Additional Protocol to the Convention on Cybercrime (Budapest Convention), the challenges in disclosing electronic evidence, and cryptocurrency investigations. The Joint Defense Team was on site to represent the defence's perspective in these crucial discussions and to evaluate the implications for the rights of the accused.
Electronic Evidence: A Central Challenge
In the digital world, traces are often electronic. Emails, chat histories, location data, IP addresses, and cloud storage – all of this can serve as electronic evidence. The acquisition and utilisation of this data present enormous challenges for both law enforcement agencies and the defence. At the Octopus Conference 2025, there was intense discussion about methods for disclosing electronic evidence.
From a defence perspective, utmost vigilance is required here. The ease with which digital data can be collected across borders carries enormous potential for violating personal rights and data protection principles. It's essential that the acquisition of electronic evidence always complies with national and international legal standards and that proportionality is maintained. We must ensure that the chain of custody is unbroken and data integrity is guaranteed to rule out manipulation or sources of error. Every defence must meticulously examine the origin, authenticity, and completeness of electronic evidence to protect the rights of the accused.
The 2nd Additional Protocol to the Budapest Convention: A Balancing Act Between Efficiency and Legal Protection
The Second Additional Protocol to the Budapest Convention is a key instrument for improving international cooperation in the disclosure of electronic evidence. It aims to enable law enforcement agencies to access electronic evidence located in other jurisdictions more quickly and efficiently, especially data stored by service providers like large tech companies. The conference focused intensively on the ratification and implementation of this Protocol.
While the necessity of effective crime fighting is undeniable, this Protocol also carries significant risks for fundamental rights from the defence's perspective. We have raised concerns that such a mechanism could undermine citizens' privacy by allowing faster investigations at the expense of established data protection mechanisms. Existing mutual legal assistance treaties (MLATs), which integrate data protection and human rights standards, must not be circumvented. It's crucial that the Second Additional Protocol includes robust data protection provisions and strict human rights vetting mechanisms. The defence must ensure that Article 15 of the Budapest Convention, which provides the conditions for international cooperation and safeguards for data and computer data, is adhered to in every cross-border access to data. Only in this way can an effective defence of affected parties' rights in complex international cases be guaranteed.
Cryptocurrency Investigations: New Challenges for the Defence
Cryptocurrencies like Bitcoin and Ethereum have increasingly come into the focus of investigations due to their perceived anonymity and global availability, particularly in connection with money laundering, drug trafficking, and cybercrime. The Octopus Conference 2025 addressed the application of the Budapest Convention and the Second Protocol to crypto investigations, especially access to data from Virtual Asset Service Providers (VASPs).
Investigating cryptocurrency transactions requires specialised knowledge and technical understanding. For the defence, this means that we must not only delve deeply into the legal aspects but also into the underlying blockchain technology and the functioning of cryptocurrencies. The supposed anonymity of cryptocurrencies can often be disproven through forensic analysis, and the traceability of transactions is becoming ever more sophisticated. The defence must be able to question the authorities' investigation methods, analyse the origin and flow of cryptocurrencies, and rule out possible errors or inadmissible evidence. It is our task to ensure that investigations do not take place in an opaque grey area but are transparent and comply with all legal standards.
The Necessity of International Networking for Criminal Defence Lawyers
The internationalisation of crime and the increasingly close cooperation among law enforcement agencies demand a corresponding response from criminal defence lawyers. If investigators and prosecutors work together worldwide, we, the defence, must also combine our forces and network internationally. Participation in the Octopus Conference 2025 has once again shown us that an effective defence in cross-border cases can only be guaranteed through joint efforts.
The Joint Defense Team is up to this challenge. We are an association of experienced criminal defence lawyers from various jurisdictions who possess the necessary expertise and international contacts to represent clients in complex cross-border investigations. Our expertise ranges from the analysis of electronic evidence and the application of international legal assistance procedures to defence in cryptocurrency cases.
The international cooperation of law enforcement agencies, as discussed at the Octopus Conference 2025, makes close networking among criminal defence lawyers indispensable. Otherwise, there's a risk that an effective defence of affected parties' rights won't be guaranteed. The Joint Defense Team offers you precisely this security: a defence that thinks and acts globally to protect your rights in every jurisdiction.
Conclusion
The digital transformation and the increasing interconnectedness of the world present criminal defence with new, complex tasks. The Octopus Conference 2025 once again underlined the importance of electronic evidence, the Second Additional Protocol to the Budapest Convention, and crypto investigations. For the Joint Defense Team, it's clear: the defence must be able not only to understand these developments but also to react proactively to them.
With a deep understanding of the legal and technological intricacies of cross-border investigations, an unwavering commitment to protecting human rights, and strong international networking, we are your reliable partner in criminal defence. We are convinced that only through close cooperation among defence lawyers worldwide can effective and comprehensive representation of the interests of the accused be ensured in an increasingly globalised fight against crime.
Criminal defence without borders because law enforcement has none either
Information on the Octopus Conference 2025 can be found here:
