In this article, the Author provides an overview of the Italian approach towards evidence gathered abroad. In particular, he analyses national exclusionary rules, as shaped by the Italian case law. The major issue addressed by the Author is the respect of defence rights, as well as of the adversary principle, and critical remarks are therefore expounded concerning the features of such an approach. Furthermore, new developing modalities of cooperation between judicial authorities are taken into consideration in this article. In this regard, the Author argues that a legislative intervention, balancing efficiency and individuals’ rights, might overcome present lacks and shortcomings.
The Perspective of Domestic Legal Systems. Report on Italy
CAPRIOLI, Francesco
2013-01-01
Abstract
In this article, the Author provides an overview of the Italian approach towards evidence gathered abroad. In particular, he analyses national exclusionary rules, as shaped by the Italian case law. The major issue addressed by the Author is the respect of defence rights, as well as of the adversary principle, and critical remarks are therefore expounded concerning the features of such an approach. Furthermore, new developing modalities of cooperation between judicial authorities are taken into consideration in this article. In this regard, the Author argues that a legislative intervention, balancing efficiency and individuals’ rights, might overcome present lacks and shortcomings.
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
