Disclosure of information in criminal proceedings

Disclosure and the procedure regulating it represent a subject matter in which crime control and human rights find their synthesis. Disclosure is a complex subject that covers different branches of law as it involves aspects of a procedural nature as well as considerations that belong to the realm of human rights law. This work scrutinises and evaluates the regulation of disclosure in five criminal procedural systems in order to gain knowledge of the different ways in which the disclosure of information can be achieved. Three of these systems are national (England, Italy and France) and two international (ICTY and ICC). The jurisprudence of the ECtHR on the right to a fair trial and, more specifically, on the disclosure of information provides the background against which these systems and their disclosure processes can be assessed. At the end of this process, an attempt is made to suggest possible improvements for the current regulation of disclosure. In this context, particular attention is paid to modern international criminal proceedings.