Inadmissibility of WhatsApp Messages: Analysis of Judgment No. 1269 of 2024

The judgment No. 1269 of November 20, 2024, filed on January 13, 2025, provides an important reflection on the admissibility of evidence, particularly regarding WhatsApp messages obtained via screenshots by the judicial police. The Court ruled that such messages, even if obtained with the consent of the suspect, are subject to pathological inadmissibility in the absence of notices regarding defensive rights. This ruling underscores the importance of respecting defensive guarantees in our legal system.

The Maxim of the Judgment

“WhatsApp” messages obtained via “screenshots” by the judicial police - Consent of the suspect in the absence of notices regarding their defensive rights - Inadmissibility - Existence - Reasons. Regarding means of evidence, WhatsApp messages obtained by the judicial police through screenshots executed with the consent of the suspect are subject to pathological inadmissibility, but in the absence of notices of the defensive rights pertaining to the opening of correspondence, including the right to refuse such collaboration, as well as the right to be assisted by a defender. (In its reasoning, the Court clarified that the acquisition of such messaging through unguaranteed methods is not permitted even as atypical evidence).

The Implications of the Judgment

The Court's decision is based on well-established principles in our legal system, particularly in Article 15 of the Constitution, which protects the secrecy of correspondence. Furthermore, the Code of Criminal Procedure (C.P.P.) establishes, in Articles 191 and following, the methods of acquiring evidence and the necessary guarantees for suspects. In this case, the Court highlighted how the absence of notices regarding defensive rights can lead to a violation of the suspect's rights, rendering the collected evidence inadmissible.

It is essential that the judicial police adhere to the established procedures to ensure that evidence is valid and admissible in court. The issues related to the use of messages from instant messaging platforms are increasingly relevant, considering the widespread use of these technologies in daily life.

Conclusions

In conclusion, judgment No. 1269 of 2024 represents an important step forward in the protection of the rights of suspects in the context of criminal investigations. It reaffirms that the collection of evidence must occur in compliance with defensive guarantees to ensure a fair and just trial. Legal practitioners must therefore pay attention to these provisions to avoid potentially relevant evidence being deemed inadmissible due to procedural violations.

Bianucci Law Firm