Tag: EIO
Judgments
Legality 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.
Judgments
Italian criminal procedure allows Encrochat and Sky-Ecc encrypted messaging without algorithm (Cass. 23999/23)
When the material acquired with a European investigation order has been the subject of a decryption activity by the judicial authority of another member state, the unencrypted computer data, obtained…
Judgments
EAW 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.
Judgments
Due process requires transparency of evidence gathering in SKY ECC proceeding (Cass, 32915/22)Sky ECC messaging can be used in Court only if its acquisition is transparent.