Wed. Sep 18th, 2024
- This event has passed.
Verwertbarkeit von EncroChat-Daten in Strafverfahren: Urteil des EU Gerichtshofs in der Rechtssache C‑670/22 M.N.
30 April
Dienstag, 30. April 2024
9.00 Uhr!
Urteil des Gerichtshofs in der Rechtssache C‑670/22 M.N. (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 müsste.
Generalanwältin Ćapeta hat in ihren Schlussanträgen vom 26. Oktober 2023 die Ansicht vertreten, dass eine Staatsanwaltschaft eine Europäische Ermittlungsanordnung zur Übermittlung von Beweismitteln, die bereits in einem anderen Mitgliedstaat erhoben wurden, erlassen könne, wenn sie in einem vergleichbaren innerstaatlichen Fall befugt sei, eine Übermittlung anzuordnen (siehe Pressmitteilung Nr. 163/23).
Details
- Date:
- 30 April
- Event Categories:
- EU Court of Justice, EVENT, IEU AGENDA
- Event Tags:
- C‑670/22 M.N., EncroChat
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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