Unusability 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 need to comply with procedural rules during criminal investigations, particularly regarding the acquisition of digital evidence. The Court has established that WhatsApp messages acquired without a public prosecutor's seizure order are subject to pathological unusability.
Context of the Judgment
The defendant, K. D. F., was involved in a criminal proceeding where WhatsApp messages were acquired by judicial police through screenshots. However, these were obtained without a seizure decree and without urgency, thus 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 evidence collection.
"WhatsApp" Messages - Acquisition of "Screenshots" in the Absence of a Public Prosecutor's Seizure - Pathological Unusability - Existence - Reasons - Case Law. In terms of evidence, "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 public prosecutor's seizure decree, are subject to pathological unusability. (Case law concerning abbreviated proceedings).
Legal Implications
The Court's ruling is part of a broader legal framework where the protection of correspondence and individual privacy 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 individuals' fundamental rights.
- Violation of Criminal Procedure Rules
- Protection of Correspondence and Privacy
- Necessity of a Seizure Warrant
Conclusions
In conclusion, Judgment No. 39548 of 2024 represents a significant step in protecting individuals' rights within the scope of criminal law. It reaffirms the importance of following correct procedures in evidence acquisition, especially when dealing with digital communications. Law enforcement agencies and legal professionals must always be aware of the legal implications of their actions to ensure a fair balance between combating crime and safeguarding individuals' fundamental rights.
