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Academic literature on the topic 'Ordine europeo di indagine penale'
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Journal articles on the topic "Ordine europeo di indagine penale"
Borgia, Gianluca. "Mandato d'arresto europeo e ordine europeo di indagine penale a confronto : così simili (?), eppure così diversi." Archivio penale, no. 1 (2021): 387–98. http://dx.doi.org/10.12871/978883318097719.
Full textBorgia, Gianluca. "La prima volta dell'ordine europeo di indagine penale dinanzi alla Corte di giustizia UE : strumento nuovo, approccio di sempre." Archivio penale, no. 1 (2020): 103–10. http://dx.doi.org/10.12871/97888331807318.
Full text"Tra semplificazione e ibridismo: insidie e aporie dell'Ordine europeo di indagine penale." Archivio penale, no. 2 (2017). http://dx.doi.org/10.12871/97886741019416.
Full textDissertations / Theses on the topic "Ordine europeo di indagine penale"
ERTOLA, FRANCESCA. "RICERCA E ACQUISIZIONE DELLA PROVA ALL'ESTERO: L'ORDINE EUROPEO DI INDAGINE PENALE." Doctoral thesis, Università Cattolica del Sacro Cuore, 2022. http://hdl.handle.net/10280/122447.
Full textThe research aims to investigate the EU cross-border gathering and use of evidence in criminal matters, focusing on the protection of fundamental rights in transnational proceedings. Given the current framework, Part I is dedicated to the critical examination of the Directive 2014/41/EU on the European investigation order and the problems connected with mutual recognition, in the absence of a prior harmonization. Part II focuses on the transposition of the EIO directive into the italian system, with particular attention to the defence rights. Finally, Part III examines the impact of the EIO on national systems and points out the possible solutions in order to introduce minimum rules of mutual admissibility of evidence.
BORGIA, GIANLUCA. "L'ordine europeo di indagine penale tra lex fori e lex loci. Ricadute sul piano dell'utilizzabilità." Doctoral thesis, Università degli studi di Ferrara, 2020. http://hdl.handle.net/11392/2487999.
Full textDismissed the ambitious perspective of introducing harmonised rules concerning the mutual admissibility of evidence between Member States, the recent Directive 2014/41/UE regarding the European Investigation Order in criminal matters (EIO) tried to combine the instances coming from the issuing State with those concerning the executing State. The outcome is an “hybridization” between the lex fori and lex loci that inevitably has an impact at the level of assessing the evidence gathered across borders. Hence the idea to focus the attention, firstly, on the previous instruments. In this regard, the study focused, above all, on the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 of which Article 3 stated the locus regit actum principle. Later, the analysis regarded the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of 29 May 2000 that claims the opposite forum regit actum principle. Finally, the scenario outlined by the Conclusions of Tampere European Council has required to examine the compatibility of these principles with the mutual recognition (Chapter I). Analysed these aspects, the attention shifted to the provisions of the Directive as implemented in Italy by Legislative Decree n. 108 of 2017 which represent the expression of prerogatives of the two States involved in the cooperation procedure. First of all, particular emphasis has been placed on the rule according to which the executing authority shall comply with the formalities and procedures expressly indicated by the issuing authority (i.e. lex fori) unless otherwise provided that such formalities and procedures are not contrary to the “fundamental principles of law of the executing State”, with all the problems that arise from the vagueness of this expression. Then the study has focused on the provisions that establish the conditions for issuing and the conditions for executing by referring, respectively, to the lex fori and to lex loci. From this point of view, the interpretations that jurisprudence has offered of the provisions of Legislative Decree n. 108 of 2017, reducing them to mere "formalities" cause for concern. Lastly, was taken into account the part of the Directive concerning the “Specific Provisions for certain investigative measures”; context within which emerges the greatest reluctance to abandon the lex loci actus principle (Chapter II). In conclusion, the study concentrated on the insertion of the evidence collected ultra fines in the Italian criminal proceedings. In this sense, the screening of the rules provided for in Legislative Decree n. 108 of 2017 showed the inadequacy of to make use of the provisions governing letters rogatory. With regard, instead, to the norms not expressly mentioned, it seems appropriate to extend the rules, such as the Art. 729 par. 2 of the Italian Criminal Procedure Code, based on the logic of forum regit actum principle. Furthermore, some procedural sanctions seem to emerge directly from the text of the Directive (Chapter III).
DE, LUCA CARLOTTA. "L'ORDINE EUROPEO D'INDAGINE PENALE: DISCIPLINA NORMATIVA E PRIME ESPERIENZE APPLICATIVE." Doctoral thesis, Università degli Studi di Milano, 2022. http://hdl.handle.net/2434/919437.
Full textThe European criminal investigation order, introduced by Directive 2014/41/EU, is an instrument of judicial cooperation in the field of evidence, which has become necessary, given the growing transnational dimension of crime as a result of the sublimation of geographical boundaries in the European Union's Area of Freedom, Security and Justice. The supranational directive, implemented by Italian Legislative Decree no. 108 of 2017, has given rise to a construct of hybrid nature, inspired by the principle of mutual recognition, which maintains, at the same time, certain features typical of traditional mutual legal assistance, in an attempt to combine investigative efficiency and protection of fundamental guarantees. In an underlying backdrop still characterized by the absence of harmonization of national procedural and evidentiary rules, the mechanism for adducing evidence in a foreign country revolves around the principle of proportionality, which in turn takes shape in the context of a balancing judgement - to be conducted in the actual case and taking into consideration the specificities of such case - between the needs related to the detection of crime and the sacrifices imposed on the rights of the persons involved, for various reasons, in the procedures aimed at issuing and executing the relevant order. This doctoral thesis intends to provide a comprehensive analysis of the European Investigation Order, beginning with its legal framework, for the purposes of highlighting the main problems that have emerged in its early-stage enforcement and of identifying solutions capable of shorten the gap between theory and practice. To this end, a large space is firstly dedicated to the analysis of the early case-law rendered by the Court of Justice and by the Italian Court of Cassation on this theme, which reveals the overall tendency to prefer purposes of investigatory efficiency to the detriment of defense rights; secondly, this thesis critically evaluates some practical cases selected at the Public Prosecutor's Office of Milan and Monza.