Inadmissibility of WhatsApp Messages: Analysis of Judgment No. 39548 of 2024
Judgment No. 39548 of September 11, 2024, issued by the Court of Cassation, offers an important reflection on the validity of evidence collected through WhatsApp messages. This decision highlights the necessity of adhering to procedural rules during criminal investigations, particularly regarding the acquisition of digital evidence. The Court established that WhatsApp messages obtained without a seizure warrant from the public prosecutor are subject to pathological inadmissibility.
The Context of the Judgment
The defendant, K. D. F., was involved in a criminal proceeding where WhatsApp messages had been obtained by the judicial police through screenshots. However, these were acquired without a seizure order and without urgency, thereby violating the provisions of Article 254 of the Code of Criminal Procedure. The Court partially annulled the decision of the Court of Appeal of Rome, emphasizing the need to ensure legality in the collection of evidence.
WhatsApp Messages - Acquisition of Screenshots in the Absence of a Seizure by the Public Prosecutor - Pathological Inadmissibility - Existence - Reasons - Facts. In terms of means of proof, WhatsApp messages acquired, in violation of Article 254 of the Code of Criminal Procedure, through screenshots taken by the judicial police, on their own initiative and without reasons of urgency, in the absence of a seizure order from the public prosecutor, are subject to pathological inadmissibility. (Case concerning abbreviated judgment).
Legal Implications
The ruling of the Court fits into a broader legal context where the protection of correspondence and the privacy of individuals is guaranteed by Article 15 of the Italian Constitution. This article establishes that correspondence is inviolable. Therefore, the unauthorized acquisition of WhatsApp messages, considered correspondence, constitutes a violation of the fundamental rights of the individual.
- Violation of procedural rules
- Protection of correspondence and privacy
- Necessity of a seizure warrant
Conclusions
In conclusion, Judgment No. 39548 of 2024 represents a significant step in the protection of individual rights within criminal law. It reaffirms the importance of following correct procedures in the acquisition of evidence, especially when it comes to digital communications. Law enforcement and legal practitioners must always be aware of the legal implications of their actions to ensure a proper balance between combating crime and safeguarding the fundamental rights of individuals.
