Telephone interception without sufficient supporting records

Supreme Court · Second Chamber (Penal) · 2017

What the Supreme Court considered and decided

Drug-trafficking convictions were set aside because the case file lacked the decisions and supporting records needed to justify the original telephone interceptions. The court also considered evidence derived from them.

What this helps explain

The defence must be able to control the authorization and the basis of an interference that sustains the investigation.

Editorial summary from the official note of the CGPJ. It describes this resolution, without certifying the subsequent evolution of the procedure. It should be read with the legislation applicable to its facts, reforms and subsequent case law.