> The EncroChat-Hack: Is hacked evidence usable in a criminal case?

In the new episode of the ITM Podcast, research assistants Justin Rennert and Owen Mc Grath discuss the hack of cell phones from the provider EncroChat. Because of its offer of anonymous and encrypted use, EncroChat’s cell phones and chat programs were particularly popular in the criminal milieu across Europe. French investigative authorities had already hacked the platform to convict criminals in 2020. Now, judicial decisions based on evidence from this hack are also accumulating in Germany. In particular, the legal question of the usability of the evidence arises.

You can find a current Infobrief article in german language in the March issue of the DFN-Infobrief Recht.

The featured decision of the BGH : BGH of 08.02.2022, 6 StR 639/21. The press release on another BGH decision in the matter can be found here.