Tag: EIO

Italian Public Prosecutor can acquire evidence in an Italian proceeding in crypotphones proceedings (SKY ECC, Encrochat, ..) issuing an EIO to foreign judicial authority. 

Proportionality check is, in principle, the exclusive responsibility of the State issuing the EAW, not the executing State: the principle of proportionality, although codified in the legislation on the EIO does not modify the conditions of legitimacy of the EAW, except in very limited and well-defined cases.

JITs streamline investigations by allowing simultaneous execution of investigative measures, thereby eliminating the need for European Investigation Orders (EIOs) or other forms of secondary judicial assistance.

European Arrest Warrant issued exclusively for the purpose of subjecting the person requested to surrender to acts of investigation (in this case, interrogations and confrontations) cannot be executed.

Usability of encrypted content gatherend aboraid and transmitted throug an EIO depends ont how the foreign authority had acquired the conversations, since under Italian criminal procedure, usability of content of ECC / Encrochat encrypted messaging is not always a "documentary evidence"  which can be used whithout any restriction.

Acquisition wuth an European investigation order EIO: national judge of the executing state must check admissibility and use of the evidence.

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…

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.

Sky ECC messaging can be used in Court only if its acquisition is transparent.