The Handling of Digital Evidence in Italy

OVERVIEW: 1. The digital investigation: a regulatory overview. – 1.1. Constitutional framework. – 1.2. Regulatory framework: police investigation. – 1.3. Regulatory framework: the expert consultant. – 1.4. Technical standards. – 1.5. Conundrums. – 1.6. Privileged information. – 1.7. Chain of custody. – 2. Investigating Authorities. – 2.1. Law Enforcement. – 2.2. Digital Forensics Consultants. – 3. Defence Rights: Information and Right to be Heard. – 3.1. Defensive Investigations. – 3.2. Consent of the Accused. – 3.3. Remedies. – 3.4. Third-Party Rights. – 4. Digital evidence at trial. – 4.1. Admissibility. – 4.2. Production of evidence in different proceedings.