The course aims to provide students with a complete picture of the investigative activities concerning computer and telematic data and, more generally, the intersections between digital data and criminal proceedings, through the analysis of the relevant legislation and the most relevant jurisprudential approaches. Particular attention will be paid to the critical in-depth study of the criminal procedural law regarding digital evidence and the specific logics that govern the acquisition and the assessment of digital evidence in the context of criminal proceedings. The aim of the course is to stimulate students to compare the classic categories of Criminal Procedural Law with the problems posed by the use of technological tools, in order to acquire a useful wealth of specialist knowledge in the field of digital forensics that may be used, in the future, in the field of legal professions or in the field of those activities that are related to the issue of security.
teacher profile teaching materials
An analysis of the means for obtaining digital evidence will follow, with specific regard to wiretapping and the use of trojans in the criminal trial. Particular attention will be paid to the question of the impact of digital investigations on the fundamental rights of the citizen.
- the exam can be prepared on the lecture notes and on the materials indicated by the teacher at the beginning of the course and made available through the University's E-Learning platform.
For non-attending students:
- L. Luparia, L. Marafioti and G. Paolozzi (edited by), Dimensione tecnologica e prova penale, Giappichelli, 2019, with the exclusion of chapters IX-XIII-XIV.
Programme
The course will address the issue of the use of digital evidence in criminal proceedings. A first part will deal with the systematic framing of digital evidence, with particular reference to its relations with scientific evidence and documentary evidence, and to its most relevant and current implications, including references to practical cases.An analysis of the means for obtaining digital evidence will follow, with specific regard to wiretapping and the use of trojans in the criminal trial. Particular attention will be paid to the question of the impact of digital investigations on the fundamental rights of the citizen.
Core Documentation
For attending students:- the exam can be prepared on the lecture notes and on the materials indicated by the teacher at the beginning of the course and made available through the University's E-Learning platform.
For non-attending students:
- L. Luparia, L. Marafioti and G. Paolozzi (edited by), Dimensione tecnologica e prova penale, Giappichelli, 2019, with the exclusion of chapters IX-XIII-XIV.
Reference Bibliography
- M. Pittiruti, Digital evidence e procedimento penale, Giappichelli, 2017. - L. Luparia, L. Marafioti e G. Paolozzi (edited by), Dimensione tecnologica e prova penale, Giappichelli, 2019.Type of delivery of the course
The course takes place through lectures. During the course, materials will be provided to the students on the E-Learning platform. In the event of an extension of the health emergency from COVID-19, all the provisions that regulate the methods of carrying out the teaching activities and the assessment of the students will be implemented, with the possible carrying out of lessons and exam tests at a distance.Attendance
Attendance is optional, but highly recommended.Type of evaluation
The final exam will take place through an oral test that will focus on the topics covered by the course and analysed during the lessons. To pass the exam, the student must report a rating ranging from a minimum of 18/30, corresponding to the basic knowledge of the topics addressed, to a maximum score of 30/30 cum laude, which is equivalent to mastering the subjects with excellent properties of language and analytical ability.