Seizure of PC Cassation
On the subject of computer crimes the criminal cassation lawyer had filed an appeal to the Supreme Court.
The Supreme Court ruled in November 2022 that:
Regarding forensic copies and the right of the accused to request their return, the guiding principles were established by a ruling by the United Sections of the Court of Cassation, according to which an appeal in cassation is admissible against the order of the review court confirming the seizure of a computer or computer media for evidentiary purposes, if the return is based on the extraction of a copy of the data contained therein, provided that a concrete and current interest in the exclusive availability of the data is demonstrated.
In their reasoning, the Joint Sections, stating that "computer data may also be the object of a seizure," recall "the content of Article 260, paragraph 2, of the Code of Criminal Procedure, which originally established the possibility of making copies of documents and having photographs or other reproductions taken of seized items that may be altered or are difficult to store. This article now requires that when data, information, or computer programs are involved, the copy must be made on suitable media, using a procedure that ensures the copy's conformity to the original and its unalterability. In such cases, it is possible to arrange for the originals to be stored in places other than the registry or secretariat.".
Interest in appealing and returning computer tools and equipment.
What to do in case of computer seizure
In this case, the interest in restitution concerns the data itself and not the medium that originally contained it or the medium on which the "good" was transferred, so the mere restitution of the medium cannot be considered as an exhaustive restitution of the seized item; and this is also confirmed by the aforementioned definition of "seizure" offered by the Budapest Convention.
Seizure of PC Cassation
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