Il Regolamento sulla prova "elettronica" prende forma: l'adeguamento da parte dell'Italia e il silenzio della Spagna

Abstract

In the frame of criminal proceedings, a significant role is currently played by digital evidence. At the European level, in order to facilitate the gathering of this type of evidence, Regulation (EU) 2023/1543 on European Production Orders and European Preservation Orders for electronic evidence has been adopted. Although the Regulation is directly applicable within national legal systems, in Italy a first Legislative Decree has been approved to adapt the domestic legal framework; by contrast, no such initiative has been undertaken in Spain. This contribution aims to analyse the impact that the Regulation may have in Italy and Spain, with particular regard to the rights of the person under investigation.