Thu. Oct 17th, 2024
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EncroChat-Daten in Strafverfahren: EU-Gerichtshof (Große Kammer) verhandelt Rechtssache C-670/22 Staatsanwaltschaft Berlin
04 July 2023
Dienstag, 4. Juli 2023
9.00 Uhr!
Mündliche Verhandlung vor dem Gerichtshof (Große Kammer) in der Rechtssache C-670/22 Staatsanwaltschaft Berlin (EncroChat)
Verwertbarkeit von EncroChat-Daten in Strafverfahren
Die Ermittlungsbehörden verschiedener EU-Mitgliedstaaten arbeiteten auf europäischer Ebene zusammen, um den als besonders abhörsicher geltenden Kommunikationsdienst EncroChat zu zerschlagen. Es bestand der Verdacht, dass er für die Begehung von Straftaten im Betäubungsmittelbereich genutzt wurde. Die von den Ermittlern durch den Einsatz einer Trojaner-Software erlangten Kommunikationsdaten wurden über einen Europol-Server unter anderem dem Bundeskriminalamt zur Verfügung gestellt.
Gestützt auf diese Daten legt die Staatsanwaltschaft Berlin einem EncroChat-Nutzer unerlaubten Handel mit Betäubungsmitteln und unerlaubten Besitz von Betäubungsmitteln zur Last.
Das mit der Sache befasste Landgericht Berlin möchte vom Gerichtshof wissen, ob die deutschen Ermittlungsbehörden bei der Erlangung der Daten gegen die EU-Richtlinie über die Europäische Ermittlungsanordnung in Strafsachen verstoßen haben. Ferner möchte es wissen, ob etwaige Verstöße die Verwertung der Daten hindern – was einen Freispruch zur Folge haben könnte, oder sich anderweitig auf das Urteil auswirken müssen.
Heute findet die mündliche Verhandlung vor der Großen Kammer des Gerichtshofs statt.
Details
- Date:
- 04 July 2023
- Event Categories:
- EU Court of Justice, EVENT, IEU AGENDA
- Event Tags:
- C-670/22 Staatsanwaltschaft Berlin
Venue
- EU Court of Justice
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg + Google Map - Phone
- +35243031
Organizer
- EU Court of Justice
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