Digital Evidence, Organised Crime and The Implementation of The New Un Convention Against Cybercrime

This paper provides an overview of the impact of the UN Convention against Cybercrime on the\r\nfight against organised crime, specifically focusing on procedural measures to gather and share eevidence\r\nof such serious crime. First, it reflects on the implications of the new Convention on the\r\ninternational regulatory framework concerning the collection and the use of digital evidence\r\nrelated to organised crime, with a specific insight on the fundamental rights to privacy and data\r\nprotection. Next, the Authors outline the need to implement the Convention in compliance with\r\nthe regional international obligations, notably those coming from the Council of Europe and the\r\nEU. Lastly, the paper discusses challenges that arise not only from the future enforcement of the\r\nnew UN legislation but also from rapid developments in the Italian Legal Framework, that could\r\nprovide a valuable comparative perspective on the structural adaptations States Parties are likely\r\nto undergo in implementing the Convention. Against this backdrop, the paper is intended to shed\r\nlight on some trends in the fight against organised crime, prioritising the use of digital means of\r\ninvestigations while addressing the risks to fundamental rights.