JudgmentsLegality check of SKY-ECC evidence is mandatory (ITA Supreme Court 44154/23)
Acquisition wuth an European investigation order EIO: national judge of the executing state must check admissibility and use of the evidence.
JudgmentsItalian criminal procedure allows Encrochat and Sky-Ecc encrypted messaging without algorithm (Cass. 23999/23)
JudgmentsEAW cannot be used for investigative purposes (Cass. 7861/23)
In European Union law, the European Arrest Warrant may not be issued exclusively for investigative purposes, which are detached from the prosecution in the requesting state, since alternative instruments of European cooperation in the common legal space - like European investigation order - are provided for the pursuit of legitimate investigative purposes.