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SkyECC

Supreme Court, Italy

Italy

CORTE DI CASSAZIONE, IV SEZ. N. 32915/2022 – 7 JULY 2022

SkyECC / Admissibility of Surveillance Data

In a case involving SkyEcc evidence, the Italian Supreme Court of Cassation, for the first time, affirmed the defense's right to know how evidence was obtained abroad. This ruling respected due process and the adversarial principle.
This ruling had a significant practical impact on trials based on Encrochat and SkyEcc evidence in Italy: the Prosecutor's Office was forced to request from Eurojust, and to hand over to the defense, the orders by which the French judge authorized the interception of the Encrochat and SkyEcc platforms.


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