Crimmigration and Procedural Guarantees: A Dual Perspective

Abstract

The relationship between criminal law and migratory phenomena is complex and can have different interpretations depending on whether one looks at the accused or the victim. In the first case, the authors’ strong conception of crim-inal law prevails. In the second, a stronger protection of victims is evolving within a supranational framework that enhances human rights. The victim paradigm enters into the assessment as soon as the jurisdiction is identified and consequently orients the charge, complicates the correct identification of the accused with respect to the victim, influences the means of obtaining evidence, and connotes weak witnesses. In an integrated perspective inspired by the canon of due diligence, useful safeguards must be found to strengthen the guarantees of the criminal model within a dual, contextual and integrated vision of the rights of the victim and those of the accused.