Judgment No. 17604 of 2023: The Seizure of Evidence from IT Devices and the Reasonable Duration of the Constraint
Judgment No. 17604 of March 23, 2023, issued by the Court of Cassation, provides important insights regarding the management of evidence seizures involving IT and telematic devices. In a context where technology plays an increasingly crucial role in investigations, it is essential to understand the legal implications associated with such seizures and the necessity to ensure that the duration of the constraint is reasonable and proportionate.
The Context of the Judgment
The Court addressed the issue of the duration of the evidence seizure, establishing that it must be limited to the time necessary for the technical analysis of data relevant to the investigations. The ruling states that:
Evidence support of IT or telematic devices - Aimed at extracting data of investigative interest - Reasonable duration of the constraint - Necessity - Evaluation - Unavailability of access keys - Impact. In the matter of evidence seizure concerning IT or telematic devices, the purpose of the removal of the support for its subsequent analysis, instrumental to the identification and extraction of data relevant to the investigations, implies that the prolongation of the constraint, in compliance with the principles of proportionality and adequacy, should be limited to the time necessary to carry out the technical operations, while evaluating its reasonable duration in relation to the technical difficulties of data apprehension, deemed increased in the case of the suspect's lack of cooperation in not providing access keys to the databases contained in the seized supports.
This principle emphasizes the importance of balancing investigative needs with the rights of the suspects, avoiding unjustified prolongations of the constraint.
The Practical Implications of the Judgment
The judgment highlighted several key aspects that deserve attention:
- Principle of Proportionality: The duration of the seizure must be adequate and proportionate to the needs of the investigation.
- Cooperation of the Suspect: The unavailability of access keys can complicate data extraction operations, justifying an extension of the constraint, but only within reasonable limits.
- Reference Legislation: The judgment refers to various articles of the New Code of Criminal Procedure, emphasizing the importance of respecting legal provisions regarding evidence seizure.
These points provide a clear framework on how the Court intends to manage the delicacy of criminal investigations in a digital age, where data protection and the rights of suspects cannot be overlooked.
Conclusions
In conclusion, Judgment No. 17604 of 2023 represents an important milestone in outlining the boundaries of evidence seizure from IT devices. The Court of Cassation, with its decision, has established a fundamental balance between investigative needs and the rights of the parties involved. It is vital for law enforcement and legal operators to follow these guidelines, ensuring that every action taken is justified and respectful of the principles of legality and proportionality.
