Old pitfalls and new dangers besiege the 'citadel' of adversarial criminal evidence.

Abstract

The undisputed progress made, at regulatory level, in the use of adversarial model in the criminal evidence formation — which is not anymore only a qualifying feature of the Italian code of criminal procedure but also a basic principle laid down in the Italian Constitution — should not make it be considered as an achievement made once and for all. On the contrary, doctrinal reflection shall be kept on the issue, for the purpose of both refining its operational dynamics—so as to strengthen the credibility of its application outcomes—and the effective fine-tuning of safeguards against ancient concerns that remain unresolved and new dangers to its resilience that might raise. The paper aims at glancing a light-and-shade portrait with regard to the legislative journey in parte qua, identifying the steps forward and suitable amendments of the analyzed discipline.