Judgment No. 17604 of 2023: Evidentiary Seizure of Computer Devices and the Reasonable Duration of the Restraint

Judgment No. 17604 of March 23, 2023, issued by the Court of Cassation, offers important insights into the management of evidentiary seizures involving computer 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 this type of seizure and the need to ensure that the duration of the restraint is reasonable and proportionate.

Context of the Judgment

The Court ruled on the issue of the duration of evidentiary seizure, establishing that it must be limited to the time necessary for the technical analysis of data relevant to the investigations. The headnote of the judgment states:

Evidentiary support of computer or telematic devices - Aimed at extracting data of investigative interest - Reasonable duration of restraint - Necessity - Assessment - Unavailability of access keys - Impact. Regarding evidentiary seizure of computer or telematic devices, the purpose of removing the support for its subsequent analysis, instrumental to the identification and extraction of data relevant to the investigations, implies that the extension of the restraint, in compliance with the principles of proportionality and adequacy, must be limited to the time necessary for the completion of technical operations. However, the reasonable duration must be assessed in relation to the technical difficulties in apprehending the data, which are considered 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 underscores the importance of balancing investigative needs with the rights of the accused, avoiding unjustified extensions of the restraint.

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 Accused: The unavailability of access keys can complicate data extraction operations, justifying an extension of the restraint, 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 evidentiary seizure.

These points offer a clear framework on how the Court intends to manage the sensitivity of criminal investigations in a digital age, where data protection and the rights of the accused cannot be overlooked.

Conclusions

In conclusion, Judgment No. 17604 of 2023 represents an important step in defining the boundaries of evidentiary seizure of computer 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 that law enforcement agencies and legal professionals follow these guidelines, ensuring that every action taken is justified and respectful of the principles of legality and proportionality.