RICERCA ITALIANA     

Research program

Scientific progress and criminal trial

University Co-ordinator

Università degli Studi di FOGGIA - SCIENZE GIURIDICHE PUBBLICISTICHE - ()

Research Unit Leader

Sergio Lorusso

Description

Focus of the research is, first of all, the individualization of the typologies of new technologies to use in the investigations, studying the doctrinal elaborations and the results of the law. In this way, it will be studied:
" the computer investigations, the tools for the control of the transmissions by internet and of the flows of e-mail as well as the interceptions of communications (also with reference to the European Convention on the Cybercrime of November 23 rd 2003, system ECHELON, to the accord UK/USA and to the system EU/FBI);
-the use of GPS;
-the access in banks given public and private computer science and the private softwares (as the CETS - Child Exploitation Tracking System - System of Tracing Against the Pedopornografia - of ownership Microsoft, recently envoy to disposition of the postal police)
- the computer ballistics;
- the scientific investigations;
- the judicial graphology;
- the interceptions of telephone and environmental communications;
-the audiovisual connections.
It will need therefore to individualize and to describe the activities for the acquisition of the technical-scientific detective tools, deepening the formalities of their documentation, fundamental for their reliability. To such intention, it must be appraised the necessity of expert-witness of the part (above all for the hypotheses of technical consultation turned of the cases of skill out), the adequacy of the law with the purpose to assure a prudent choice of the technical advisor in the respect of the defensive guarantees. The everything is from the point of view of the judicial police and the District Attorney that of the lawyer.
This part of the research will cover the first year of the project; in the second one, it will be necessary to analyze the effects of such evidences on the trial system, beginning from the fundamental matter of their new approach to the process, and their abuse to deny the guarantees of the traditional evidences.
The present search aims to reach appreciable results - attended the necessity to give rules to order such matter- but also of concrete utility, either for the law, in sight of possible changes of the rules, that for the operators of the justice (public offices, judicial police, defenders), which are found more and more often to make the accounts with the technological and scientific detective tools what essential support for the carrying out of a finished activity of preliminary investigation.
Particularly, the possibility to extend the discipline of the audiovisual connections over the anticipated limits, kind in the juvenile procedure and in the trials in which the small one has involved what offended person or witness; the use of technological tools in the writings of the trial activity (inside the huge project of the informatic trial); the institution of banks given detective to disposition of the organs of the accusation on national base (and not only) that can increase the investigations, for the crimes in subject of terrorism and organized crime; the predisposition of suitable technological tools that will improve the communicative deficits; the creation of mechanisms of control of the correctness of the operations of interception of telephone communications, environmental, computer science, as well as of the operations of verification of the traffic internet, of the flows of e-mail.