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Tag: 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

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. 

Judgments

Invasive methods for evidence purpose requirements (Corte Cost., 238/96)
Is compulsorily taking of blood samples of the defendant constitutional? According to the Italian constitution (art 13), any restriction of personal liberty is subject to a double guarantee:  a law prescribing…