Medical data obtained without authorisation

Supreme Court · Second Chamber (Penal) · 2022

What the Supreme Court considered and decided

The court set aside a conviction where medical data obtained without consent or judicial authorisation had enabled investigators to identify and link the defendant to the events. It examined whether the remaining evidence was sufficient.

What this helps explain

The lawfulness of the procurement and the connection between the evidence are central issues when applying for a probative exclusion.

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.