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Criminal Court Judgment No. 46833/2023: Legitimacy of Preventive Measures and International Wiretaps

The recent ruling of the Court of Cassation, No. 46833 of November 21, 2023, addresses sensitive issues regarding the admissibility of digital evidence from international investigations and the legitimacy of preventive measures applied in organized crime contexts. In particular, the case involves A. A., accused of being a promoter of an association engaged in drug trafficking.

The Issue of Wiretaps and the Chain of Custody

The appellant raised doubts about the admissibility of the wiretaps, arguing that the chain of custody of the digital data had not been respected. However, the Court clarified that the acquisition of evidence through the European Investigation Order (EIO) was conducted in compliance with both Italian and French regulations, highlighting:

  • The international cooperation between judicial authorities.
  • The judicial oversight over the data decryption operation.
  • The legitimacy of the procedures adopted in France, in accordance with the fundamental rights of the investigated subject.
The issues raised, of particular complexity and novelty, have been examined and resolved by a substantially consistent orientation of the Court of legitimacy.

The Preventive Needs and the Role of A. A.

The Court deemed the reasons for the appeal regarding the preventive measure of detention in prison to be unfounded, emphasizing that the preventive needs were justified by the seriousness of the alleged crimes and the risk of reoffending. It was highlighted that A. A. was not merely an executor, but had an active role in managing the illegal activities, also due to his family ties with the head of the association.

Conclusions and Implications of the Ruling

The decision of the Court of Cassation provides important insights into the management of international investigations and the use of digital evidence. It reinforces the principle of judicial cooperation among member states of the European Union, establishing a significant precedent for the legitimacy of preventive measures in organized crime contexts.

Conclusions

In summary, the ruling No. 46833/2023 of the Cassation not only confirms the legitimacy of the preventive measures taken but also emphasizes the importance of proper management of evidence in an increasingly interconnected jurisdictional context. The ruling represents a fundamental step in ensuring the effectiveness of investigations in the fight against organized crime.