L’incompetenza funzionale del p.m. travolge il sequestro probatorio

The Court of Cassation examines the legality of the public prosecutor’s seizure of evidence from the suspect’s electronic devices under Directive (EU) 2016/680 and the principles developed by the Court of Justice. While rejecting the review request, the Court highlights the incompatibility of domestic law with European law, stressing that data access must be authorised or validated by an independent authority. The Author critically analyses the judgment, focusing on the fate of the decree and the evidence obtained, and suggests reconsidering the act’s validity in light of the prosecutor’s functional incompetence, with the consequent application of absolute nullity rules.