Transnational Inquiries in Criminal Matters and Respect for Fair Trial Guarantees

Abstract

The paper emphasizes that fair-trial guarantees represent the core of the legal struggle against transnational crime, however important it is for the protection of citizens’ rights. Indeed, all the international charters on human rights recognize the guarantee of due process of law. It is then argued that the issue of transnational cooperation in criminal matters involves three different levels of analysis: judicial cooperation among states, relationships with international criminal tribunals, and European integration in criminal justice. The definition of transnational crime is followed by an outline of the main cooperation instruments provided, with a specific reference to the Resolution adopted by the XVIII Congress of the International Penal Law Association in 2009. As regards international criminal tribunals, a major issue is the admissibility of evidence collected by a state agency in violation of fundamental rights that should be excluded. Finally, the paper deals with cross-border investigations within the European Union, exchange of evidence, and minimum standards concerning procedural rights of the accused.