Judgments recently handed down by the Court of Cassation concerning access to telephone data during an investigation are making prosecutors and police cringe.
They reject a decision that will benefit delinquents and criminals. The National Conference of Public Prosecutors (CNPR) denounced in the columns of Le Parisien the judgments rendered on July 12 by the Court of Cassation, concerning access to the telephone data of individuals, within the framework of a criminal investigation. .
The highest court in the country has just ruled that the prosecutors were no longer competent to authorize this measure. Believing that this was “intrusive to privacy”, the validation must now be taken by a judge. All this, only for “serious crime”, detail our colleagues.
“Offenders have a bright future ahead of them”
As a result, the investigations could therefore find themselves stuck, or at least severely slowed down, while a judge validates the prosecutors’ requisitions. Especially since these are very numerous on a daily basis, according to them, and that justice is experiencing staffing difficulties.
However, still according to the magistrates of the prosecution, quickly obtaining telephone data, which in particular allows the geolocation of a person, is crucial in many cases. Investigations therefore risk becoming less effective.
What to say to several interlocutors of our colleagues, prosecutors or members of the police, that the decision of the Court of Cassation “saves time for thugs” or that “offenders have good days ahead of them”. And one of them points out: “the Court of Cassation will have to explain to us how we arrest a perpetrator of telephone harassment without a telephone requisition”.