This paper provides an overview of the impact of the UN Convention against Cybercrime on the fight against organised crime, specifically focusing on procedural measures to gather and share eevidence of such serious crime. First, it reflects on the implications of the new Convention on the international regulatory framework concerning the collection and the use of digital evidence related to organised crime, with a specific insight on the fundamental rights to privacy and data protection. Next, the Authors outline the need to implement the Convention in compliance with the regional international obligations, notably those coming from the Council of Europe and the EU. Lastly, the paper discusses challenges that arise not only from the future enforcement of the new UN legislation but also from rapid developments in the Italian Legal Framework, that could provide a valuable comparative perspective on the structural adaptations States Parties are likely to undergo in implementing the Convention. Against this backdrop, the paper is intended to shed light on some trends in the fight against organised crime, prioritising the use of digital means of investigations while addressing the risks to fundamental rights.

Pisati, M., Santucci, M. E., Digital Evidence, Organised Crime and The Implementation of The New Un Convention Against Cybercrime, <<REVUE INTERNATIONALE DE DROIT PENAL>>, 2026; (1): 175-192 [https://hdl.handle.net/10807/337239]

Digital Evidence, Organised Crime and The Implementation of The New Un Convention Against Cybercrime

Pisati, Michele;Santucci, Maria Elena
2026

Abstract

This paper provides an overview of the impact of the UN Convention against Cybercrime on the fight against organised crime, specifically focusing on procedural measures to gather and share eevidence of such serious crime. First, it reflects on the implications of the new Convention on the international regulatory framework concerning the collection and the use of digital evidence related to organised crime, with a specific insight on the fundamental rights to privacy and data protection. Next, the Authors outline the need to implement the Convention in compliance with the regional international obligations, notably those coming from the Council of Europe and the EU. Lastly, the paper discusses challenges that arise not only from the future enforcement of the new UN legislation but also from rapid developments in the Italian Legal Framework, that could provide a valuable comparative perspective on the structural adaptations States Parties are likely to undergo in implementing the Convention. Against this backdrop, the paper is intended to shed light on some trends in the fight against organised crime, prioritising the use of digital means of investigations while addressing the risks to fundamental rights.
2026
Inglese
Pisati, M., Santucci, M. E., Digital Evidence, Organised Crime and The Implementation of The New Un Convention Against Cybercrime, <<REVUE INTERNATIONALE DE DROIT PENAL>>, 2026; (1): 175-192 [https://hdl.handle.net/10807/337239]
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/10807/337239
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