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UNITA' DI RICERCA
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Research program
Testimonial evidence in a European area of freedom, security and justice: mutual recognition and harmonization scenariosUniversity Co-ordinator
Università degli Studi di PADOVA - DIRITTO PUBBLICO, INTERNAZIONALE E COMUNITARIO - PADOVA(PD)Research Unit Leader
Roberto KOSTORISDescription
In the perspective to trace the bases of a common discipline of the testimonial proof, in the framework of future European criminal proceedings, not a secondary problem will be represented by the demand to pick out shared formalities of weight of evidence. In fact, the historical and comparative experience shows how to the difference of the judicial organs (which are present, in one way, in continental Europe, especially in France, in Germany and in Italy, based on professional judges, and, for another way, in England, based, instead, on the jury) corresponds separate models of judgment, even if they are all founded upon the principle of the free belief of the judge in the evaluation of the evidence. Diversities that also show themselves through further differences in the judicial decisions, and that are reflected in unlike approaches to the evaluation of the witness proof, varying according to the typology of the declarant.In a similar context, the research work which concern the group of the University of Padova will consist in the determination of the manifold variables of approach to the evaluation of the testimonial evidence, in order to be able to measure similes and differences, and to compare them to the recent decisions of the european and international Courts. After doing this reconstruction, whereas the perspective of the uniforming of the European criminal proceedings is not more differible by now, we will try to verify if it's possible to find out some common guidelines in subject of evaluation of the testimonial proof, to be followed in the repression of the crimes that strike the interests of the European Union.
