Full Description
This book deals with the role and the protection of third parties in criminal proceedings. Starting from a comparative-law definition of formal parties in criminal proceedings based on seven domestic jurisdictions, this research focuses on the increasing impact of criminal investigations and criminal trials on different categories of third parties, i.e. those individuals who, without being suspected or accused of a criminal offence, are involved in criminal investigations and trials. The complex features of this topic require a further analysis from another comparative perspective that looks at the protection of victims and third parties at the levels of international and supranational law. Particular attention is firstly be devoted to the acknowledgment of a set of procedural safeguards to victims and individuals other than formal participants in criminal proceedings by means of the enormous contribution made by international human rights courts, with a specific focus on the European Court of Human Rights and the Inter-American Court of Human Rights. Regarding victims in particular, their multifaceted status are also examined from the viewpoint of international criminal justice as well. The European scenario, moreover, allows for further deepening of the role and the procedural guarantees granted to third parties and victims from the viewpoint of EU law in relation to the area of freedom, security and justice, in which additional human rights challenges emerge in the field of transnational criminal justice. Comparison shall at all levels be carried out in the light of the enormous transformations due to the digital transition, which has brought about unbelievable changes in every area of mankind's life, including criminal justice. Ever newer tools, indeed, govern procedural activities, and although unprecedented investigative measures allow for increasingly accurate fact-finding, new risks also arise, including those vis-à-vis third parties whose procedural rights risk to be inevitably infringed.
Contents
PART I - Third Parties in Domestic Criminal Justice. - Report on Brasil (Vinicius Gomes de Vasconcellos, Guilherme Lucchesi).- Report on France (Barbara Drevet).- Report on Hungary (András Lichtenstein, Fantoly Zsanett).- Report on Italy (Diego Foti, Elisea Malino).- Report on Portugal (João Gouveia de Caires, Joana Reis Barata).- Report on Spain (Fernando Gascón Inchausti, Guillermo SchumannBarragán).- PART II - Third Parties in Criminal Justice. The Perspective of International and EU Law.- Victims and Third Parties in International Criminal Justice (Ana Beltrán Montoliu).- Third Parties in Criminal Proceedings in the Jurisprudence of the Inter-American Court of Human Rights (Frederico Valdez Pereira, Luís Felipe Schneider Kircher).- The Acknowledgment of a Statute of Procedural Guarantees of Third Parties in Criminal Proceedings in ECHR Law: the Contribution of the European Court of Human Rights (Claudio Orlando).- The Protection of Third Parties and Victims in Criminal Proceedings in the Area of Freedom, Security and Justice: Developments in EU Law (Antonella Falcone).- PART III - Comparative Frameworks.- - Third Parties and Their Formal and Substantial Participation in Criminal Justice: A Comparative-Law Analysis of Domestic Jurisdictions (Viviana Di Nuzzo, Antonella Falcone).- The Protection of Third Parties in Criminal Proceedings: A Constitutional
Law Perspective (Erika La Fauci).- PART IV - Reconstruction and New Challenges.- - A Phenomenology of Thirdness in Law. Preliminary Remarks (Angela Condello, Guglielmo Ciaccio).- Third Parties in Criminal Justice. An Everlasting Mystery in a Constantly Developing Legal World? (Stefano Ruggeri).- Appendix.
