The admissibility of overseas evidence in criminal proceedings poses difficult challenges in the EU area of freedom, security and justice, challenges that go beyond the traditional problem of whether and under which conditions the information gathered abroad can be used at trial for the purposes of a national prosecution. The present study analyses the developments in the EU area from the perspective of Italian law. A overview of the innovations brought about by EU law provides a picture that widely overlooks – in light of efficient international cooperation – the need for protection of the fundamental rights of the individuals involved in transborder criminal inquiries. Against this background, Italian law highlights a rather traditional approach, which cannot properly fit the modern challenges especially of legal assistance with other Member States. Yet, there is no doubt that the focus on the qualitative requirements of a human rights-oriented criminal law action constitutes the best starting point to achieve a proper balance between the prosecutorial interests of the cooperating countries and the need for high standards of human rights protection
Wykorzystanie dowodów pozyskanych za granicą w europejskiej przestrzeni prawnej. Perspektywa włoskiego procesu karnego
RUGGERI, Stefano
2016-01-01
Abstract
The admissibility of overseas evidence in criminal proceedings poses difficult challenges in the EU area of freedom, security and justice, challenges that go beyond the traditional problem of whether and under which conditions the information gathered abroad can be used at trial for the purposes of a national prosecution. The present study analyses the developments in the EU area from the perspective of Italian law. A overview of the innovations brought about by EU law provides a picture that widely overlooks – in light of efficient international cooperation – the need for protection of the fundamental rights of the individuals involved in transborder criminal inquiries. Against this background, Italian law highlights a rather traditional approach, which cannot properly fit the modern challenges especially of legal assistance with other Member States. Yet, there is no doubt that the focus on the qualitative requirements of a human rights-oriented criminal law action constitutes the best starting point to achieve a proper balance between the prosecutorial interests of the cooperating countries and the need for high standards of human rights protectionPubblicazioni consigliate
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