La prova acquisita all’estero e la sua utilizzabilità in Italia

Translated title of the contribution: [Autom. eng. transl.] The evidence acquired abroad and its usability in Italy

Giulio Ubertis

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] The contribution first of all indicates that the evolution of international relations leads to the overcoming of the locus regit actum principle and to the acceptance of a system informed by the principle of tendential fungibility of jurisdictions. The forms through which the insertion in the Italian procedure of the evidence acquired abroad, independently or at the request of the Italian authority, from that foreign, which can transmit it in Italy spontaneously or upon request, are then examined. The formation of the dossier for the trial and the usability of the evidence acquired abroad in the investigative phase, in the award ceremonies and in the trial are the object of the subsequent analysis, aimed also at highlighting the problems connected with the protection of the right of defense.
Translated title of the contribution[Autom. eng. transl.] The evidence acquired abroad and its usability in Italy
Original languageItalian
Pages (from-to)696-706
Number of pages11
JournalCASSAZIONE PENALE
Publication statusPublished - 2014

Keywords

  • Assistenza giudiziaria penale internazionale
  • Diritto di difesa
  • Evidence
  • International judicial cooperation in criminal matters
  • Prova
  • Right to defense

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