Stefano Ruggeri – författare

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.

This book deals with the gathering of evidence in cross-border investigations in Europe. The issue of obtaining evidence in and from European countries has been among the most debated issues of EU cross-border cooperation in criminal matters over the last two decades, going through periods of intensive discussions and showing an extraordinary adaptability to the evolution of EU legislation for criminal matters. On the other hand, the prosecution and investigations of cross-border cases pose unprecedented challenges in the European scenario, characterized by the increasing flow and activity of citizens over the territory of more than one country and therefore by the need to lay the foundations of a transcultural criminal justice system.

The book analyses this complex topic starting with the current perspectives of EU legislation, thus providing a critical analysis of the legislative initiative aimed at introducing a new tool for gathering almost any type of evidence in other Member States, i.e., the European Investigation Order. On a second level, this study deals with the solution models and human rights challenges posed by the increasingly intensive dialogues between domestic and supranational case laws, and formulates essential guidelines for setting up a fair transnational enquiry system in Europe.

This book deals with human rights in European criminal law after the Lisbon Treaty. Doubtless the Lisbon Treaty has constituted a milestone in the development of European criminal justice. Not only has the reform following the Treaty given binding force to the EU Charter of Fundamental Rights, but furthermore it has paved the way for unprecedented forms of supranational legislation. In this scenario, the enforcement of individual rights in criminal matters has become a core goal of EU legislation. Alongside these developments, new interactions between national and supranational jurisprudences have emerged, which have significantly contributed to a human rights-oriented approach to European criminal law. The book analyses the main developments of this complex phenomenon from an interdisciplinary perspective. Criminal and procedural law, constitutional law and comparative law must thus be combined to achieve a full understanding of these developments and of their impact on national law.

This book analyses current developments in Europe and Latin America towards the greater involvement of the parties in the administration of criminal justice. Focusing on both national criminal proceedings and transnational cases, this study employs a comparative law approach to examine the shift experienced by Italy and Brazil from the long tradition of mixed criminal justice to unprecedented adversarial trends. The identification of common needs and divergences from the national approach to criminal justice paves the way for a subsequent analysis of new solution models emerging from international human rights law and EU law. To a great extent, these developments are due to the increasing impact of international human rights case-law on the criminal justice systems of the countries in question. The book concludes by proposing a set of qualitative requirements for a participatory model of criminal justice.