Personal Precautionary Measures and Foreign Investigative Acts: Commentary on Judgment No. 19082 of 2023

The recent judgment No. 19082, filed on May 5, 2023, has generated considerable interest in the Italian legal landscape, particularly regarding the possibility of using investigative acts carried out by foreign authorities in the context of personal precautionary measures. The Court addressed a delicate issue: the compatibility of foreign investigations with the fundamental principles of our legal system.

Context of the Judgment

The Court examined the case of M. C., accused of serious crimes, for whom the application of personal precautionary measures was requested. The decision highlighted that strong indications of guilt can be inferred from investigative acts conducted abroad, provided that the Italian judge ascertains that such acts comply with mandatory rules and fundamental principles of the Italian legal system. This approach is based on the presumption of legitimacy of the activities carried out by foreign authorities.

Fundamental Principles and Applicable Regulations

The principle expressed by the Court is clear:

Inference from investigative acts carried out by foreign authorities - Existence - Ascertainment by the Italian judicial authority of the regularity of the acts - Exclusion - Verification of conflict with mandatory rules and fundamental principles - Conditions - Factual case. In matters of personal precautionary measures, strong indications of guilt can be inferred from investigative acts carried out abroad, in a different proceeding, by foreign authorities, the usability of which is subject to the ascertainment, by the Italian judge, not of their regularity but of compliance with mandatory rules and fundamental principles of the legal system, notwithstanding the presumption of legitimacy of the activity carried out and the competence of the foreign judge regarding the verification of procedural correctness and the eventual resolution of any issues relating to identified irregularities. (Factual case in which the Court deemed legitimate the use of "chats" exchanged on the encrypted communication platform "Sky Ecc", acquired through a European investigation order by the French authority, which had carried out the decryption).

This principle emphasizes that the Court does not merely verify the formal regularity of the acts but focuses on compliance with fundamental rules, such as the right to a fair trial and the protection of privacy. The use of encrypted communication tools, as in the case of chats on "Sky Ecc," highlights the importance of international cooperation in criminal investigations.

Conclusions

In summary, judgment No. 19082 of 2023 represents a significant step in recognizing the importance of international collaboration in criminal investigations. Italian judges are called upon to evaluate not only the regularity of acts originating from abroad but also their compatibility with the fundamental principles of the Italian legal system. This approach ensures greater protection of the rights of the accused, without compromising the effectiveness of criminal justice.