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INIZIO_TESTO_DA_INDICIZZARE
UNITA' DI RICERCA
Research program
Testimonial evidence in a European area of freedom, security and justice: mutual recognition and harmonization scenarios
University Co-ordinator
Università degli Studi di PAVIA -
DIRITTO E PROCEDURA PENALE "C.BECCARIA" - PAVIA(PV)
Research Unit Leader
Vittorio GREVI
Description
The subject of this research starts from the study of the connection between the instruments adopted by the member States of the European Union (con particular attention to the Italian legal system), required to obtain a testimonial evidence in criminal proceedings against organized crime, and the directions coming from the European legislation and the case law of the European Court of human rights. In the criminal proceedings against organized crime is more urgent the need to balance the right of confrontation, in particular guaranteed when a testimonial evidence is assumed, with the necessity to guarantee the safety of the witnesses. Through he result of this first study will be possible to single out which instruments created by the members of the European Union – as the use of technological implements during the examinations of the witnesses and of the individuals who cooperate with the judicial process, the use as evidence of a statement previously done, "hearsay evidence" – can be considered compatible with the directions of a future criminal system in the European Union, already shown in the "area of freedom, security and justice". Specially, the instruments considered compatible can be contemplated in the basis for the draft of a foul proof of a Green Paper on the "minimal rules" for a code on testimonial evidence in European context.
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