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UNITA' DI RICERCA
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Research program
Scientific progress and criminal trialUniversity Co-ordinator
Università degli Studi di MILANO - Diritto penale e processuale penale - ()Research Unit Leader
Oreste DominioniDescription
The topics that will be treated in the project pertain to the in-depth examination of the issues concerning the scientific nature of evidence, through the classification of the notion itself and the characterisation of the modalities of taking the single scientific-technical measures of inquiry as a probative legal instrument into a criminal trial. The purpose of the research is to conjugate the needs of facts-reconstructing in the criminal trial and the limits of the existing procedural mechanisms, through which new cognitive scientific-technical resources can be taken as probative means of obtaining evidence. The pre-eminent issue the Italian system has to deal with and face is a remarkable deficit in the elaboration of a body of procedural rules able to manage the new cognitive scientific-technical resources and maintain the essential reliability.The final result and the aim of the research is therefore identifying the modalities through which expand the area of fact-detection in a criminal trial, preserving the essential system reliability. The necessarily comparative analysis path should start from the definition and classification of scientific evidence, from the identification of the criteria that can qualify the means of evidence as “scientific” and “technical”, in order to then verify their potential originality if compared to the conceptual categories that doctrinal studies and law case elaborated though the years about expert opinion.
It will then be essential analysing the aspects linked to the judicial control on evidence, specifically referring to the level of knowledge and understanding possessed by judges and parties, that should be required for a correct use of highly specialised probative means of evidence.
Other important aspect of the research will be - necessarily based on foreign law and law case, as the Italian system lacks of experience in the field – the close examination of the matter in hand, related to scientific-technical evidence admissibility and use, also through the analysis of the single probative scientific-technical legal instruments and the procedure rules that do or can rule their admission in a criminal trial, in order to verify their potential capability to be used as means of evidence, with due respect to the reliability they have to grant.
