Analysis of Judgment No. 28723 of 2024: Interceptions and the Corpus Delicti

Judgment No. 28723 of June 13, 2024, represents an important reference point in the matter of wiretaps and the use of evidence in criminal proceedings. Issued by the Court of Cassation, it addresses the issue of acquiring intercepted conversations and their status as the corpus delicti. This article aims to examine the legal implications of this judgment, making even the most technical details understandable.

The Regulatory Context of Interceptions

According to Article 615-bis of the Criminal Code, the interception of communications is governed by specific rules that protect individuals' privacy. However, the Court has clarified that interceptions can constitute the corpus delicti, provided they meet very precise requirements. The judgment in question stated that intercepted conversations or communications must integrate and exhaust the criminal conduct for them to be used in criminal proceedings.

Acquisition of conversations as corpus delicti - Possibility - Conditions - Case law. In the context of wiretaps, the intercepted conversation or communication constitutes the corpus delicti along with the medium containing it, usable as such in criminal proceedings, provided that it integrates and exhausts the criminal conduct. (Case in which the Court held that the "files" captured actively on the suspect's mobile phone containing images and videos relating to the private lives of the victims constituted the corpus delicti referred to in art. 615-bis of the Criminal Code, usable as such in criminal proceedings).

Implications of the Judgment and Previous Case Law

The Court has established a direct link between the interception and the criminal conduct, emphasizing the importance of a detailed analysis of the context in which the interception occurs. This decision is part of a jurisprudential trajectory already traced by previous judgments, such as No. 26307 of 2021 and No. 38822 of 2016, which had addressed similar issues regarding the use of evidence acquired through interception.

• The criminal conduct must be clearly exhausted in the interception.
• It is essential that the acquired evidence is relevant to the case under examination.
• The protection of privacy must always be balanced with the interest in justice.

Conclusions

Judgment No. 28723 of 2024 represents a significant step in clarifying how wiretaps can be considered the corpus delicti. The Court of Cassation has highlighted the importance of respecting the conditions established by law to ensure a fair balance between the protection of privacy and the need to prosecute crimes. This jurisprudential orientation not only clarifies the limits of using wiretaps but also offers food for thought for lawyers and jurists operating in the field of criminal law.