Neurotechnology in the research of evidence and in decision-making process: a dual perspective analysis

Neurotechnology in evidence collection and in decision-making must address the presumption of innocence and the prohibition of self-incrimination. The analysis adopts a dual approach: the philosophical perspective highlights the ethical dimension of free will, while the legal perspective addresses the technical aspect of protecting fundamental rights. Crucial safeguards include the inadmissibility of evidence obtained in violation of the self-incrimination prohibition and the evaluation of neurotechnological data as mere circumstantial evidence requiring corroboration.