Judgment No. 46027 of 2024: Right to Access Audio Files in Review

The judgment No. 46027 of October 22, 2024, issued by the Court of Cassation, stands as an important milestone in the field of criminal law, particularly regarding the right to defense and access to investigation documents. In an increasingly complex legal context, the judgment clarifies the ways in which the defense attorney can exercise their right to access audio files of interceptions, fundamental elements for adequate defense in the review process.

The Context of the Judgment

The Court was faced with a case where the defense attorney of a defendant, N. C., requested access to audio files containing interception recordings, useful for presenting a request for review related to a particularly complex precautionary measure. The central issue was whether the defense attorney was required to specifically indicate which files they wished to examine.

Request from the defense attorney to access the audio "files" containing the recordings for the purpose of presenting the review request - Complex precautionary measure, with multiple defendants and multiple charges, based on numerous interceptions - Burden of specifying the "files" of the interceptions for which they request authorization to listen and obtain copies - Existing - Consequences - Specification. In terms of review, the defense attorney intending to exercise the right to access the outcomes of the interception activities in view of presenting the review request, in light of a particularly complex precautionary measure, with multiple defendants and multiple charges, based on numerous interceptions, has the burden of specifying the "files" of the interceptions for which they request authorization to listen and obtain copies, so that, in the absence of such specifications, the delay of the prosecuting body to act cannot be deemed unjustified, and any failure of the defense to access the documents does not result in any nullity of the proceedings.

Implications for the Right to Defense

The Court established that, in complex cases, the defense attorney has the burden of specifying which files they wish to consult. This aspect is crucial as it implies that the right to defense is not unlimited but must be exercised with a certain diligence and clarity. The lack of specific indications from the defense does not justify the delay of the prosecuting body. Therefore, the defense attorney must be proactive in requesting access to the documents to avoid compromising their position.

Conclusions

In conclusion, judgment No. 46027 of 2024 represents an important clarification regarding the right to access interceptions in the context of review. It underscores the importance of a well-formulated request from the defense attorney and adherence to legal procedures. Legal professionals must take these indications into account to ensure effective defense that complies with current regulations.

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