Analysis of Judgment No. 28723 of 2024: Interceptions and Body of the Crime

The judgment No. 28723 of June 13, 2024, represents an important point of reference regarding interceptions and the use of evidence in criminal proceedings. Issued by the Court of Cassation, it addresses the issue of acquiring intercepted conversations and their status as body of the crime. This article aims to examine the legal implications of this ruling, making even the more technical details understandable.

The Regulatory Context of Interceptions

According to Article 615-bis of the Penal Code, the interception of communications is governed by specific rules that protect individuals' privacy. However, the Court clarified that interceptions can constitute body of the crime, provided they meet specific requirements. The judgment in question stated that intercepted conversations or communications must integrate and exhaust the criminal conduct in order to be used in criminal proceedings.

Acquisition of conversations as body of the crime - Possibility - Conditions - Case law. In terms of interceptions, the intercepted conversation or communication constitutes body of the crime along with the medium that contains it, usable as such in criminal proceedings, provided it integrates and exhausts the criminal conduct. (Case in which the Court found that the "files" captured actively on the suspect's mobile phone containing images and videos related to the private life of the injured parties constituted body of the crime under Article 615-bis of the Penal Code, usable as such in criminal proceedings).

Implications of the Judgment and Previous Jurisprudence

The Court established a direct link between the interception and the criminal conduct, emphasizing the importance of a detailed analysis of the context in which the interception occurs. This decision fits into a jurisprudential trajectory already outlined by previous rulings, such as No. 26307 of 2021 and No. 38822 of 2016, which addressed similar issues regarding the use of evidence obtained through interception.

  • The criminal conduct must be clearly exhausted in the interception.
  • It is essential that the acquired evidence is relevant to the case at hand.
  • The protection of privacy must always be balanced with the interest in justice.

Conclusions

The judgment No. 28723 of 2024 represents a significant step in clarifying how interceptions can be considered body of the crime. The Court of Cassation has highlighted the importance of adhering to the conditions set by law to ensure a fair balance between the protection of privacy and the need to prosecute crimes. This jurisprudential orientation not only clarifies the limits of using interceptions but also offers points of reflection for lawyers and legal experts working in the field of criminal law.

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