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The paper focuses on how computational models and methods impact on current legal systems, and in particular, on criminal justice. While the discussion about the suitabilty of the exploitation of learning machines and Artificial Intelligence (AI) either as surveillance means and human substitutes in the judicial decision-making process is arising, the authors reflect upon the risk of using AI and algorithm-based evidence in criminal proceedings. The claim of the paper is twofold: on the one hand, we should reinterpret todays legal frameworks, e. g. the European Convention of Human Rights, shifting the attention from possible violations of the right to privacy to potential infringements on a basic fair trial feature, the Equality of Arms. On the other hand, we should aknowledge that main legal issues, triggered by the breathtaking advancements in AI, can properly be addressed mainly through technical solutions (e. g. methods for assessing the completeness and correctness of digital evidence related to mobile devices and conversations). No legal theory, which overlooks the crossover of juridical and computational expertise, will survive the present time.

This paper offers a general overview on the Italian legislation regulating compliance programs. Even though the main relevant piece of legislation was adopted early, in 2001, after fifteen years its importance is becoming --more and more patent. Although normative rules about compliance programs represent just a part of the Italian countercorruption policies, the structure provided under the 2001 Act (legislative decree no. 231), was extended also to public bodies and agencies that are not subject to that very same Act. Compliance programs were introduced beside the "quasi-criminal" liability of companies for their employees' misconduct. The existence and the respect of a proper compliance program is the only viable defence for a company, if for example an act of bribery is perpetrated by an employee. What makes the Italian compliance programs regulation worth presentation is the particular relationship between corporations' organizational duties, quasi-criminal liability and the Constitutional ban of any prosecutorial discretion (art. 112 It. Cost.). The outcomes of such synergy turn out to be peculiar, especially if compared to other realities, like the US federal one.