Abstract
[Autom. eng. transl.] The globalization of crime must be faced with a globalization of legality, that is, with a judicial cooperation between states. However, the international circulation of evidence must take place in compliance with the dialectical method and fundamental rights, both extra-procedural and procedural. To obtain the usability for the decision of the tests acquired in a State other than the one in which the judgment is celebrated, their compatibility with the lex fori is also necessary. Lastly, with regard to the European Union, there must be a harmonization between the procedural systems of the countries concerned, with the possible provision of common rules for particular crimes, according to a federal approach.
Translated title of the contribution | [Autom. eng. transl.] General considerations on transnational investigations and evidence |
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Original language | Italian |
Pages (from-to) | 49-57 |
Number of pages | 9 |
Journal | CASSAZIONE PENALE |
Publication status | Published - 2017 |
Keywords
- Assistenza giudiziaria penale internazionale
- Diritto dell’Unione europea
- European Union law
- Evidence
- International judicial cooperation in criminal matters
- Prova