GIUSTIZIA PENALE E TRATTA DI ESSERI UMANI: I RISVOLTI PROCESSUALI DELLA“VULNERABILITÀ”

Risultato della ricerca: Article

Abstract

The contrast of human trafficking phenomenon shows a process of “contamination” between universal and regional regulations characterized by the observance of the Duty of Due Diligence standard.The Italian scene is dominated by the multifunctional concept of “vulnerability” that is included in the substantial issue, recognised by the criminal justice system and proved by several case law outcomes. Besides affecting the determination of the locus commissi delicti, vulnerability plays a significant role in justifying an earlier cross-examination,and in outlining the “fragile” witness.Moreover, the vulnerability affects the child’s identification procedures and age verification, as well as the distinct types of assistance for victims, the indictment, and the legal evidence.The judge’s evaluation itself upholds the connotative role of the criminal offence with relation to the harm suffered by the victims. However, such an approach may engender conflict with the procedural guarantees of the accused, since it resizes the values of the cross-examination, and of the immediacy and orality, which are at the base of the accusatorial system.Therefore, the reply of the criminal law to this modern kind of slavery should be oriented towards a delicate balance. The European Court of human rights has issued some guidelines that stress the need for a “dual” as well as contextual vision of the guarantees reserved for both victims and accused.
Lingua originaleItalian
pagine (da-a)686-712
Numero di pagine27
RivistaRIVISTA ITALIANA DI MEDICINA LEGALE E DEL DIRITTO IN CAMPO SANITARIO
VolumeII
Stato di pubblicazionePublished - 2017

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