20110494-2 - Diritto processuale penale e tecnologie digitali

The introduction of information and communication technologies (ICTs) in the civil process has led to new methods of drafting, communicating, servicing, filing, storing, consulting and copying procedural documents. At present, the numerous and evolving rules governing the use of ICTs in the civil process are found in regulatory texts which are scattered at various levels of the legal system and are not adequately coordinated. The objective of this course is to assess the extent to which these rules have affected both the form of procedural documents, and the relationship between the form, the aim, and the validity of such documents. The teaching will pay particular attention to both the interpretation and the jurisprudential application of these aforementioned rules.

scheda docente | materiale didattico

Programma

- Criminal Trial and New Technologies
- Digital Evidence, Documentary Evidence, Evidence Not Regulated by Law
- The Principle of Proportionality in Digital Investigations
- Right to Silence and Digital Evidence
- The "trojan horse" as an Investigative Tool
- Data Retention
- The Gathering of Electronic Documents and Data Stored Abroad
- Technology and the "Efficiency" of the Criminal Trial. The Principle of Immediacy and Remote Participation in the Trial
- The "Paperless" Criminal Trial
- Technological Evidence and Wrongful Conviction

Testi Adottati

Course material provided by the lecturer and uploaded on the e-learning platform

Modalità Frequenza

Attendance is not compulsory but strongly recommended

Modalità Valutazione

Oral test on topics discussed in the lectures