The influence of the directive 2012/13/EU on the Italian system of protection of the right to information in criminal procedures

Abstract

After a brief analysis of the scope of Directive 2012/13/EU, this paper addresses its impact on the Italian system in order to examine the effectiveness and adequacy of the guarantees provided for the accused by Italian procedural law compared to EU legislation and Strasbourg case law. The study reveals the difficulties of the Italian procedural system, which despite its accusatorial approach is still searching for an effective balance between investigative needs and rights of the suspect.