Search results for " EIO."
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The eio proposal for a directive and mafia trials: Striving for balance between efficiency and procedural guarantees
2013
PD EIO could mark a turning point in the development of “European criminal procedure.” The Proposal will obtain evidence in cross-border cases and is particularly suitable for investigations on the subject of international organized crime. From the long gestation period and the contents of the Proposal emerges, however, the difficulty of making a balance between the investigation of crimes and the guarantees of the individuals involved. The use of collected of evidence from different legal systems is often an overly neglected aspect. Doubt surrounds the regulation of banking instruments, the rules on wiretapping, and all provisions for undercover investigations.
Report on Italy
2019
The right to take part personally in criminal proceedings, although not expressly provided at a Constitutional level, is an expression of the principle of a fair trial upheld by Article 6 of the ECHR and translated into Article 111 of the Italian Constitution. In the course of years, the CCP, also following some condemnations by the Strasbourg Court, underwent several modifications aimed at implementing principles and conditions affirmed by the ECHR that can legitimate proceedings in absentia of a defendant. This study is structured into different parts. In the first, an analysis of national rules concerning the participation of a defendant and other private parties at each stage of proceed…