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The Court of Cassation of the Republic of France knocks down the “Encrochat” test


A few days ago I published an article in Confilegal where I reported how the supreme organ of Italian justice forced to reveal the technical details of the piracy or “hacking” of a complete encrypted communications system similar to “encrochat”, the Sky-ECC, to the object that it could be used for criminal proceedings in Italy.

Already then stressed that the massive piracy of the two aforementioned encrypted communication systems had been carried out from servers in France and for secret services of Holland and France, respectively, within the framework of collaboration with Europol and Eurojust, which also reaches to the highest ministerial representatives of both areas in Spain as well.

Just a few days after the publication of the Italian judgment, The French Judicial Body has moved to record, also questioning the “Encrochat” test, perhaps forced by the Italian decision, and the purpose that what is presumed as a true police fiasco and the French and Dutch secret services does not end up also becoming French judicial fiasco, with the consequent added discredit.

I do not know if the National Court in Spain and its Prosecutor’s Office are already making note of the decisions of their French and Italian colleagues, but there are more; A German Court in Berlin has submitted to the Court of Justice of the European Union a “preliminary preliminary ruling” regarding whether the use of “Encrochat” as evidence in a judicial process would violate Community Law or not.

That is to say, things are becoming clearer and more exciting and in line with hundreds of European jurists who do not believe the level of penal degradation in which our courts of Justice are falling when it comes to accepting evidence such as “hacking » massive encrypted communication systems carried out.

The Criminal Chamber of the Court of Cassation of the Republic of France in its judgment number 01226 of October 11, 2022 is very clear.

Even safeguarding the national interests of France from the acts of massive “hacking” carried out by the French secret services (remember; without judicial authorization), for the “Encrochat” test to be valid in a criminal proceeding in France, it is necessary to give and explain by the accusation some useful technical indications about said hacking, which will have to be included in the sentence, in order to shed light on the understanding and exploitation of the data obtained with the aforementioned evidence.


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