Doctoral Consortium Proposal: : Biometrics as forensic evidence: some reflections from the Italian Criminal proceeding’s point of view

摘要

Biometric science is not free of errors, especially considering its typical statistical – probabilistic nature. The systematic use of biometric technologies in the Italian criminal proceeding could lead to some issues in terms of the reliability of the results from their application and the compatibility between the discipline in question, constitutional principles and typical procedural guarantees. However, because of the speed of the recent technology development, the criminal proceeding seems not to be able to do without the contribution offered by biometric science and the reason is that both the science and the trial, even with different approaches, have the different objective of the reconstruction of the causal connection. Biometric data have to be analyzed and evaluated in terms of scientific accuracy and it is necessary to understand their value case by case. The most crucial risks for forensic science in its recent digital dimension need to have legislative clarification aimed at standardising the discipline, also in terms of interpretability of technology, distinguishing one biometric data from another, implementing different applications since the specificity of each data element requires different legal solutions. Otherwise, the danger is that the procedural guarantees could be weakened (such as the principle of contradictory, the principle of reasonable duration of trial and the right of defence) in addition to some issues related to individual guarantees such as the right to privacy.