COMPUTER CRIMES
GPS and foreign investigations without international letters rogatory.
In its ruling no. 20859 of May 16, 2023, the First Section of the Supreme Court of Cassation reiterated its guidance on the usability of data acquired through the use of GPS (global positioning system) placed on means of transport subsequently transited outside the national territory without the use of international rogatory. According to the Supreme Court, the Code of Criminal Procedure does not require the need to go through the international rogatory, or, of equivalent instruments, whenever an investigative activity is to be carried out abroad. GPS, since it is a less invasive means of searching for evidence than telephone or environmental wiretapping or wiretapping by means of a computer interceptor, if placed in the national territory, well can be used even if the means then also moves or transits abroad, without thereby becoming necessary to activate the international rogatory.