European Conventions that make States Cooperate Against Cyber Crimes and the Problem of Electronic Evidences for Investigations and Criminal Processes

Abstract

Problem or resource. The electronic evidences are always a resource for investigations and criminal processes for the purpose of ascertaining the truth. However, when their acquisition crosses European borders, the electronic evidences, sometimes, become a problem due to difficulties of procedures that can be carried out in a third country. The issues highlighted by this article are how the European regulatory framework has evolved and how the ratification of conventions have broadened the applicability of procedures in this area, but not only, to many countries on other continents. To understand what objectively relevant results produce to the national legislation the adaptation to these conventions, the research focuses on analysis of the Italy case. In addition, this article explains how electronic evidences are now an indispensable judicial tools in the fight against the cyber crime and to counter, for example, the terrorism, the xenophobic and racist propaganda, the sexual exploitations of minors and safeguard the protection of personal data. At the end, the research is enclosed with the comparison of differences between the European investigation order, the European production order and the European conversation order of electronic evidences in the criminal matters with the purpose to reflect on the advantages that the spread of such good practices can produce for the benefit of all humanity.